6S5S. Adulteration until jnisbrainliiif? of Eg'gr-O. V. S. * * * v. Christian?
V. Schoenewoli (Egg-O Co.). flea of nolo contendere. Fine, $150?
and costs.    rf\ & D. No. 9205.    I. S. Nos. 3375-p, 3823-p, 4066-p.)
On January 15, 1919, the United States attorney for the District of Mary??
land, acting upon a report by the Secretary of Agriculture, filed in the District?
Court of the United States for said district an information against Christian?
F. Schoenewolf, trading as the Egg-0 Co., Baltimore, Md., alleging shipment?
by said defendant, in violation of the Food and Drugs Act, as amended, on?
March 5, 1918, aud March G, 1918 (2 shipments), from the State of Maryland?
into the District of Columbia, of quantities of an article, labeled in part?
" Egg-O," which was adulterated and misbranded.
Analyses of samples of the article by the Bureau of Chemistry of this depart??
ment showed it to consist essentially of corn starch, milk casein, baking powder,?
and to be artificially colored with Tartrazme and a small amount of Orange I?
and to weigh less than 1 ?] ounces.
Adulteration of the article in each shipment was alleged in the information?
for the reason that it was an article inferior to an egg substitute, that is to?
say, inferior to an article that takes the place of eggs or to an article that?
produces practically the same result as eggs, to wit, a mixture composed of?
corn starch, milk casein, and baking powder, and said mixture was artificially?
colored with certain coal tar dyes, to wit, Tarirazine and Orange I, so as to?
simulate the appearance of a product composed in part of eggs, in a manner?
whereby its inferiority to a producr composed in part of eggs was concealed.
Misbranding of the article in each shipment was alleged for ihe reason that?
tiie statements, to wit, " Takes the place of eggs This package used same as 12?
eggs It is a scientific discovery that produces practically the same result as?
eggs," and "Average weight 1J oz.," borne on the packages containing the?
article, regarding the aiticle and the ingredients and substances contained?
therein, were false and misleading in that they represented that the article was?
an egg substitute, that is to say that said article would take the place of?
eggs, aud that the contents of each of said packages could be used the same?
as twelve eggs, and that said article produced practically the same result as?
eggs, and that the contents of each of said packages had an average weight of If?
ounces, whereas, in truth and in fact, it was not an egg substitute, that is to?
say, said article would not take the place of eggs, and the contents of each of?
said packages could not be used the same as 12 eggs and did not produce?
practically the same result as eggs, in that it was a mixture composed of?
corn starch, milk casein, and baking powder artificially colored, which had?
no \alue as an egg substitute, and the contents of each of said packages did
N. J. 68r>l-6900]      SERVICE  AND REGULATORY ANNOUNCEMENTS.	349
not average 14 ounces in weight, but did average a less amount.    Misbranding?
of the article was alleged 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.
On January 13, 1919, the defendant entered a plea of nolo contendere to the?
information, and the court imposed a fine of $150.
C. F. MAKVIN, Acting Secretary of Agriculture.