80947. Adulteration and misbranding of horseradish.    J. 8. v. Monmouth Pack¬
ing Co., Inc., and Julius Paley. Pleas of guilty. Defendants each fined 
$75 on count 1. Sentence suspended on remaining counts and defend- 
ants placed on probation for 3 months. (F. & D. No. 42652. Sample 
Nos. 12877-D, 14628-D, 25980-D, 26481-D. 33938-D. 35461-D. 35462-D.)
This product consisted of a mixture of turnip and horseradish. The labels of 
two of the lots failed 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 Monmouth Packing Co., Inc.. Long Island 
City, N. Y., and Julius Paley, president of the corporation, alleging shipment 
by said defendants in violation of the Food and Drugs Act as amended, with- 
in the period from on or about June 28 to on or about July 2S, 1938, from 
the State of New York into the States of New Jersey, Massachusetts, and 
Virginia of quantities of horseradish that was adulterated and misbranded. 
The article was labeled in part, variously: "Deyo's High Grade Horse Radish 
6 Ozs. Avd. Manufactured By W. P. Deyo, Inc.. L. I. City. N. Y."; "Muri 
Brand * * * Horse-Radish 6 New England Importation Co. Boston, Mass."; 
"Colonial Brand * * * Horse Radish Monmouth Packing Co., Inc.": "Colo 
rial Brand * * • Horse Radish Colonial Packing Co., Inc., Brooklyn, N. Y."; 
"Horse Radish Contents 1 Qt."
The article was alleged to be adulterated in that turnip had been mixed and 
packed with It so as to reduce its quality or strength: in that turnip and 
horseradish had been mixed together so as to simulate the appearance of a 
product consisting wholly of horseradish, and in a manner whereby its infe- 
riority to horseradish was concealed; and In that a mixture of turnip and 
horseradish had been substituted for a product consisting wholly of horseradish, 
which the article purported to be.
Misbranding was alleged in that the statement "Horse Radish," borne on the 
labels, was false and misleading and was borne on the said labels so as to 
deceive and mislead the purchaser, in that the said statement represented that 
the article consisted wholly of horseradish; whereas it consisted of a mixture 
of turnip and horseradish. It was alleged to be misbranded further in that 
It consisted of a mixture of turnip and horseradish prepared in imitation of 
horseradish and was offered for sale and sold under the distinctive name of 
another article. Two of tho bottles were alleged to be misbranded further in 
that they were food in package form and the quantity of contents was not plainly 
and conspicuously marked on the outside of the package.
On June 30, 1939, pleas of guilty having been entered on behalf of the de- 
fendants, the court imposed a fine of $75 against each defendant on count 1 
of the information. Sentence was suspended on the remaining 11 counts and 
the defendants were placed on probation for 3 months.
GEOVEB B. HILL, Acting Secretary of Agriculture.