12392. Adulteration and misbranding? of mustard.    TJ. S. v. 18 Dozen .Tars
and 28 Dozen Jars of Mustard. Default decree of condemnation, 
forfeiture, and destruction. (F. & D. No. 15108. I. S. Nos. 5053-t, 
5054-t.    S. No. E-3359.)
On. July 9, 1921, the United States attorney for the District of Rhode Island, 
acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said district a libel praying the seizure and 
condemnation of 18 dozen jars, alleged 5-ounce size, and 28 dozen jars, alleged 
8-ounce size, of mustard, remaining in the original unbroken packages at 
Providence, R. I., consigned by the Almond Pure Food Co., Lowell, Mass- 
alleging that the article had been shipped on or about February 7, 1921, 
and transported from the State of Massachusetts into the State of Rhode 
Island, and charging adulteration and misbranding in violation of the food 
and drugs act as amended. The article was labeled in part: " Harvard Brand 
Prepared Mustard Made Of Mustard Seed, Mustard Seed Bran, Vinegar, 
Turmeric and Spices. Almond Pure Food Co. Lowell, Mass. Net Wt. 5 Oz." 
(or "Net Wt. 8 Oz.").
Adulteration of the article was alleged in the libel for the reason that 
cornstarch and mustard hulls had been mixed and packed with and substi- 
tuted wholly or in part for the said article, and for the further reason that 
it had been mixed and colored in a manner whereby damage or inferiority 
was concealed.
Misbranding of the article was alleged for the reason that the statement on 
the labels, "Prepared Mustard made of mustard seed, mustard-seed bran, 
vinegar, turmeric and spices," and " Net Wt, 5 Oz." or " Net Wt. 8 Oz.," as 
the case might be, was false and misleading and deceived and misled the 
purchaser. Misbranding was alleged for the further reason that the article 
was food in package form and the quantity of the contents was not plainly 
and conspicuously marked on the outside of the package.
On May 23, 1924, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
HOWARD M. GORE, Acting Secretary of Agriculture.