22690.  Adulteration and misbranding of prepared mustard and misbrand- 
ing: of black pepper and cider vinegar.     U. S. v. Abraham Brodsky/ 
and Owl Brand Products Co.    Pleas of guilty.    Fines, $26.     (F. &l
D. no. 31443.    Sample nos. 20448-A, 20449-A, 20450-A.)
The products in this case consisted of prepared mustard that was adulterated 
with added mustard bran, and misbranded because of failure to bear a proper 
declaration of the quantity of the contents; black pepper that bore no decla- 
ration of the quantity of the contents; and of cider vinegar that was mis- 
branded because of the presence of added water and failure to bear a proper 
declaration of the quantity of the contents.
On March 13, 1934, the United States attorney for the District of Delaware, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
an information against Abraham Brodsky and Owl Brand Products Co., a 
corporation, Wilmington, Del., alleging shipment by said defendants, in 
violation of the Food and Drugs Act as amended, on or about October 31, 1932, 
from the State of Delaware into the State of New Jersey, of quantities of 
prepared mustard which was adulterated and black pepper and cider vinegar 
which were misbranded. The articles were labeled in part: "Prepared 
Mustard Packed By A. Brodsky * * * Wilmington, Del."; "Owl Brand 
Black Pepper "; " Owl Brand Pure Cider Vinegar Packed by Abraham Brodsky 
* * * Wilmington, Del."
The information charged that the prepared mustard was adulterated in that 
mustard bran had been mixed and packed therewith so as to reduce and 
lower and injuriously affect its quality and strength and had been substituted 
in part for prepared mustard which the article purported to be.
Misbranding of the prepared mustard was alleged for the reason that the 
statement on the label, " Prepared Mustard ", was false and misleading, and for 
the further reason that it was labeled so as to deceive and mislead the pur- 
chaser, since it was not prepared mustard in that it contained more crude fiber 
than prepared mustard contains. Misbranding of the prepared mustard was 
alleged for the further reason that it was offered for sale under the distinctive 
name of another article, and was an imitation of another article, namely, pre- 
pared mustard. Misbranding was alleged with respect to all products for the 
reason that they were food in package form and the quantity of the contents - 
was not plainly and conspicuously marked on the outside of the package, since' 
in the case of the prepared mustard the statements were made as " Contents 
16 oz." and " Contents 32 oz."; whereas regulations of this Department provide 
that the quantity of the contents when stated by weight shall be marked in 
terms of the largest unit in the package, namely, in avoirdupois pounds when 
the .article weighs even pounds; in the case of the black pepper the label bore 
no statement of the quantity of the contents and the article did not come 
within the exemption for small packages since it contained more than one-half 
ounce avoirdupois; and in the case of the cide.r vinegar neither sized bottle 
bore a declaration of the contents in terms of the largest unit, namely, pint or 
quart, one of the quart bottles examined was incorrectly marked "16 Fluid 
Ounces", and one of the pint bottles examined was marked " 16 Fluid 
Ounces ", which was incorrect since the bottle contained materially less than 
1 pint Misbranding of the cider vinegar was alleged for the further reason 
that the designs of apples and the statement " Pure Cider Vinegar ", borne on 
the bottle label, were false and misleading, and for the further reason that it 
was labeled so as to deceive and mislead the purchaser, since the said statement 
and designs represented that the article was pure apple cider vinegar, whereas 
it contained approximately 40 percent of added water.
On June 16, 1934, pleas of guilty were entered, and the court imposed a fine 
of $25 on Abraham Brodsky and a fine of $1 on the Owl Brand Products Co.
M. L. WILSON, Acting Secretary of Agriculture.