30676. Adulteration and misbranding of horseradish.   IT. S. v. New Jersey Empire
Pickle Works, Inc.     Plea of guilty.    Fine, $850; payment suspended on 
$800 and defendant placed on probation for 6 months.     (F. & D. No.
42654.    Sample Nos. 25475-D, 25986-D, 25987-D, 25988-D, 26310-D.)
This product consisted in whole or in part of ground parsnip with little, if 
any, horseradish.
On June 2, 1939, the United States attorney for the District of New Jersey, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
an information against New Jersey Empire Pickle Works, Inc., Newark, N. J., 
alleging shipment by said defendant in violation of the Food and Drugs Act, 
within the period from on or about March 30, 1938, to on or about June 7, 1938, 
from the State of New Jersey into the States of Connecticut and New York, of 
quantities of food represented to be horseradish. One lot of the article, which 
was unlabeled but was invoiced as horseradish, was alleged to be adulterated. 
Other lots of the article, which were labeled in part, "Boyd Brand Prepared 
Horse Radish," were alleged to be adulterated and misbranded.
Adulteration was alleged in that a substance consisting principally of ground 
parsnip and containing little, if any, horseradish, had been substituted in whole 
or in part for horseradish, which it purported to be.
The article, with the exception of one lot, was alleged to be misbranded in 
that the label statement "Horse Radish" was false and misleading, and in that 
it was labeled so as to deceive and mislead the purchaser, since such statement 
represented that it consisted wholly of horseradish; whereas it did not consist 
wholly of horseradish but consisted in large part of ground parsnip. Further 
misbranding was alleged in that the article was a product consisting wholly 
or in part of ground parsnip and containing little, if any, horseradish, pre- 
pared in imitation of horseradish, and offered for sale and sold under the 
distinctive name of another article, namely, horseradish.
On June 26, 1939, a plea of guilty was entered on behalf of the defendant, 
and the court imposed a fine of $850, but suspended payment of $800 of that 
amount and placed the defendant on probation for 6 months.
HARRY L. BROWN, Acting Secretary of Agriculture.