21827. Adulteration and misbranding of prepared mustard. TJ. S. ~v. 188 
Cases of Prepared Mustard. Default decree of condemnation and 
destruction.     (P. & D. nos. 30047, 30048.    Sample no. 28925-A.)
This case involved an interstate shipment of prepared mustard that was 
found to contain added mustard bran. Sample jars taken from the shipment 
were found to contain less than 2 pounds, the labeled weight.
On April 5, 1933, the United States attorney for the District of Kansas, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 188 cases of prepared mustard 
at Chanute, Kans., alleging that the article had been shipped in interstate 
commerce on or about October 10, 1932, by the Mid-West Food Packers, Inc., 
from Fowlerton, Ind., and charging misbranding in violation of the Food 
and Drugs Act as amended. On May 15, 1933, the libel was amended to 
include an adulteration charge and further misbranding charges. The article 
- > was labeled in part: " Prepared Mustard Contents two lbs."
It was alleged in the libel as amended that the article was adulterated in that 
mustard bran had been substituted in part for the article.
72958-34 
453
Misbranding was alleged for the reason that the statements, " Prepared 
Mustard Contents two lbs.", were false and misleading and deceived and mis- 
led the purchaser when applied to a product that contained added mustard 
bran and was short weight. Misbranding was alleged for the further reason 
that the article was offered for sale under the distinctive name of another 
article and for the further reason that it was food in package form and the 
quantity of the contents was not plainly and conspicuously marked on the 
outside of the package,-since the statement made was incorrect.
On November 27, 1933, no claimant having appeared for the property, judg- 
ment of condemnation was entered, and it was ordered by the court that the 
product be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.