j   5201. Misbranding of horseradish.    U. S. v. 48 Cartons of Horse Radish.   Default 
' 
decree of condemnation and destruction*     (F. DI  C. NO.  10016.    Sample
No. 33786-F.),
This product contained sulfur dioxide, and its label did not state that fact.
On May 26, 1943, the United States attorney for the Northern District of 
Ohio filed a libel against 48 cases, each containing 12 bottles, of horseradish at 
Ashtabula, Ohio, alleging that the article had been shipped in interstate com- 
merce on or about April 28, 1943, by the Taylor Packing Co. from Elmira, N. Y.; 
and charging that it was misbranded. The article was labeled in part * 
(Bottles) "Nippy 5 Oz. Avd. Prepared Horseradish ¦'* * * Distributed by 
Blair-Darnall Ashtabula, Ohio."
The article was alleged to be misbranded in that it contained a chemical 
preservative and failed to bear labeling stating that fact.
On August 9, 1943, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.