22151. Adulteration  and misbranding of prepared   mustard.     U.   S.  v.   43
Cases and 23 Cases of Alleged Mustard. Default decrees of con- 
demnation.    Product  delivered  to  charitable  institutions.     (F.  &
D. nos. 32015, 32016.    Sample nos. 50766-A, 50767-A.)
These cases involved a shipment of two lots of mustard which contained 
added mustard bran. The statement on the label, of the quantity of the 
contents was ambiguous, since the declaration was made in ounces and failed 
to indicate whether the avoirdupois or liquid ounce was meant.
On February 24, 1934, the United States attorney for the Northern District 
of Alabama, acting upon a report by the Secretary of Agriculture, filed in the 
district court libels praying seizure and condemnation of 66 cases of alleged 
mustard at Birmingham, Ala., alleging that the article had been shipped in 
interstate commerce, on or about October 27, 1933, by the Nash Food Products 
Co., from Chicago, Ill., and charging adulteration and misbranding in viola- 
tion of the Food and Drugs Act as amended. A portion of the article was 
labeled, " Nash's Brand Mustard With Bran " the words " With Bran " being 
in small inconspicuous type. The remainder was labeled: "Nash's Brand 
Compound Mustard Colored with Turmeric," Both lots were further labeled: 
"12 Ounces Manufactured by Nash-Underwood Inc., Chicago, Ill."
It was alleged in the libels that the article was adulterated in that mustard 
bran had been substituted in part for mustard.
Misbranding was alleged for the reason that the prominent statement on 
the label, "Mustard", was false and misleading and tended to deceive and 
mislead the purchaser when applied to a product consisting of 50 percent of 
added mustard bran. Misbranding was alleged for the further reason that 
the article was an imitation of another article; for the further reason that
it 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 " Contents 12 Ounces ", was ambiguous.
On March 27, 1934, no claimant having appeared for the property, judg- 
ments of condemnation were entered. On April 20, 1934, the court having 
found that the product was not unfit for human consumption and not injurious 
to health; amended orders were entered permitting the marshal to deliver it 
to charitable institutions.
M. L. WILSON, Acting Secretary of Agriculture.