9914. Adulteration and misbranding of prepared mustard.    TJ. S.     *     *     *
v. 12 Cases * * * of Prepared Mustard. Decree of condemna- 
tion, forfeiture, and destruction. (F. & D. No. 14857. I. S. No. 3382-t. 
S. No. C-3053.)
On May 10, 1921, the United States attorney for the District of Nebraska, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for said district a libel for the seizure and condemnation of 
12 cases, more or less, of prepared mustard, remaining in the original un- 
broken packages at Omaha, Nebr., alleging that the article had been shipped 
by the Bayle Food Products Co., St. Louis, Mo.,"on or about September 29, 1920, 
and transported from the State of Missouri into the State of Nebraska, and 
charging adulteration and misbranding in violation of the Food and Drugs Act. 
The article was labeled in part: (Tumblers) "Ak-Sar-Ben Brand Old English 
Style Prepared Mustard   *    *    *    Springer Products Co.    Omaha."
Adulteration of the article was alleged in the libel for the reason that mus- 
tard hulls had been mixed and packed with, and substituted wholly or in part 
for, the said article, and for the further reason that it was mixed and colored 
in a manner whereby its inferiority was concealed.
Misbranding was alleged for the reason that the statements on the label, 
" Prepared Mustard * * * Mustard Seed, Vinegar, Salt & Spices Colored 
and flavored with Turmeric," which statements did not include "Mustard 
Hulls," were false and misleading and deceived and misled the purchaser. Mis- 
branding was alleged for the further reasons that the article was an imitation 
of, and was offered for sale under the distinctive name of, another article and 
that the statement on the label of the name of the manufacturer and place 
where manufactured was not correct.
On June 21, 1921, the case having come on for final disposition and the court 
having found the product to be adulterated and misbranded as alleged in the 
libel, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be destroyed by the United States 
marshal.
C. W. PUGSLEY, Acting Secretary of Agriculture.