18447. Adulteration and Misbranding of frozen eggs.    TJ. S. v. 232 Cans of
Frozen   Eggs.    Product   ordered  released  nnder  bond  to   be   re- 
labeled.     (F. & D. No. 26214.    I. S. No. 28326.    S. No. 4474.)
Samples of canned frozen eggs from the shipment herein described having 
been found to contain undeclared added sugar, the Secretary of Agriculture 
reported the matter to the United States attorney for the Northern District 
of Illinois.
On or about April 11, 1931, the United States attorney filed in the District 
Court of the United States for the district aforesaid a libel praying seizure 
and condemnation of 232 cans of frozen eggs at Chicago, Ill., alleging that 
the article had been shipped by the Youngstown Warehouse Co., from Youngs- 
town, Ohio, March 23, 1931, and had been transported from the State of Ohio 
into the State of Illinois, and charging adulteration and misbranding in vio- 
lation of the food and drugs act. The article was labeled in part: " Frozen 
Eggs   *    *    *   Yolks."
It was alleged in the libel that the article was adulterated in that a 
substance, frozen eggs containing added sugar, had been mixed and packed 
therewith so as to reduce, lower, or injuriously affect its quality or strength, 
and had been substituted partly for the said article.
Misbranding was alleged for the reason that the statements, " Frozen Eggs " 
and "Yolks," borne on the label, were false and misleading, and deceived 
and misled the purchaser. Misbranding was alleged for the further reason 
that the article was offered for sale under the distinctive name of another 
article.
Armour & Co., Chicago, Ill., filed a claim and answer in the case, consenting 
to the entry of a decree condemning the product, but neither admitting nor 
denying the allegations of the libel. On April 21, 1931, a decree was entered 
adjudging the material allegations of the libel to be true and ordering that 
the product be released to the claimant upon the payment of costs and the 
execution of a bond in the sum of $1,500, conditioned that it be relabeled under 
the supervision of this department.
ABTHXJB M. HYDE, Secretary of Agriculture.