30772. Adulteration  and misbranding of horseradish.     IT.   S.  v.  Golden  Pickle
Works, Inc. Plea of guilty. Fine, $50 on the first count. Imposition 
of sentence suspended on remaining counts, and defendant placed on 
probation for 60 days.    (F. & D. No. 42651.    Sample Nos. 3249-D, 25985-D.)
This product was adulterated and misbranded .because other substances had 
been substituted in whole or in part for horseradish, which it purported to 
be. It was misbranded further because of failure of the label to bear a plain 
and conspicuous statement of the quantity of contents.
On June 23, 1939, the United States attorney for the Eastern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the Golden Pickle Works, Inc., Brooklyn, 
N. Y., alleging shipment by said company on or about May 27 and June 17,
1938, from the State of New York into the State of New Jersey, of quantities 
of horseradish which was adulterated and misbranded.
The article was alleged to be adulterated in that a substance other than 
horseradish, namely, a mixture of ground turnip or ground parsnip, containing 
cornstarch and mustard oil, had been substituted for horseradish, which it 
purported to be.
A portion of the article was alleged to be misbranded in that the statement 
"Horseradish," borne on the jar label, was false and misleading and was 
borne on said label so as to deceive and mislead the purchaser, since the 
article did not consist of horseradish, but did consist of a substance other 
than horseradish, namely, a mixture of ground turnip or ground parsnip, 
containing cornstarch and mustard oil. Further Misbranding of the said 
portion was alleged in that it was an imitation of horseradish, and was offered 
for sale and sold under the name of another article, namely, horseradish. 
Both lots were alleged to be misbranded in that the article was food in 
package form and the quantity of contents was not plainly and conspicuously 
marked on the outside of the package.
On June 27, 1939, a plea of guilty was entered on behalf of the defendant 
and the court imposed a fine of $50 on count 1 of the information, and ordered 
that imposition of sentence be suspended on the remaining 4 counts. The 
defendant was placed on probation for 60 days.
HARRY L. BROWN, Acting Secretary of Agriculture.