17882. Adulteration    and    Misbranding of   frozen    whole    egrgs    and    frozen
e&gr yollcs. IT. S. v. 137 Cans of Frozen Bgrgrs (Whole Eggs),' et al. 
Product released under bond' to be relabeled. (F. & D. Nos. 25512, 
25513.    I. S. Nos. 15503, 15504, 15507, 15508, 15509.    S. Nos. 3791, 3797.)
Samples of frozen whole eggs and egg yolks from the herein-described ship- 
ments having been found to contain added sugar, the Secretary of Agriculture 
reported the matter to the United States attorney for the District of New 
Jersey.
On December 20, 1930, the United States attorney filed in the District Court 
of the United States for the district aforesaid libels praying seizure and con- 
demnation of 412 cans of frozen whole eggs, and 126 cans of frozen egg yolks, 
remaining in the original unbroken packages in part at Newark, N. J., and 
in part at Jersey Cicy, N. J., alleging that the article had been shipped by 
the Land O' Lakes Creameries (Inc.), a portion from Minnesota Transfer, 
Minn., on or about June 2, and September 27, 1930, and a portion from Buffalo, 
N. Y., on or about June 13, 1930, and had been transported from the States of 
Minnesota and New York into the State of New Jersey, and charging adultera- 
tion and misbranding in violation of the food and drugs act. The article was 
labeled in part: " Land O'Lakes Frozen Eggs. Land O'Lakes Creameries, Inc., 
Minneapolis, Minn. * * * Guaranteed to comply with All Pure Food 
Laws.    *   *    *   Whole Eggs [or "Yolks"]."
It was alleged in the libels that the article was adulterated in that a sub- 
stance, sugar, had been mixed and packed with it so as to reduce, lower, or 
injuriously affect its quality or strength, and had been substituted wholly or 
in part for the said article.
Misbranding was alleged for the reason that the following statements appear- 
ing on the label, " Frozen Eggs * * * These Eggs * * * Guaranteed 
to Comply with all Pure Food Laws," " Whole Eggs," and " Yolks," were false 
and misleading and deceived and misled the purchaser, when applied to an 
article containing added sugar. Misbranding was alleged for the further reason 
that the article was offered for sale under the distinctive name of another 
article.
On January 27, 1931, the Land O'Lakes Creameries (Inc.), Minneapolis, 
Minn., claimant, having admitted the allegations of the libels and having 
consented that decrees of condemnation and forfeiture might be entered, judg- 
ments were entered ordering that the product be released to the said claimant 
upon payment of costs and the execution of bonds totaling $3,800, conditioned
in part that it be relabeled so that it comply with the Federal food and drugs   , 
act.   The decrees further ordered that the entire lot or such portions as should ( 
not be passed" by this department as correctly relabeled within the meaning 
of the food and drugs act be condemned and destroyed.
ABTHtTB M. HYDE, Secretary of Agriculture.