4312.  Adulteration   and   misbranding   of   esrgr   substitute.     U.    S.   v.   418 
Pounds of Alleged Egg Substitute.     Consent decree of forfeiture.
(F. & D. No. 14869.    I. S. Nos. 1122-t, 1123-t.    S. No. C-2904.)
On May 18, 1921, the United States attorney for the District of Nebraska, 
cting upon a report by the Secretary of Agriculture, filed in the District Court 
f the United States for said district a libel praying seizure and condemnation 
f 418 pounds of alleged egg substitute, at Omaha, Nebr., alleging that the 
rticle had been shipped by the International Co. from Baltimore, Md., in two 
ansigninents, on or about July 6 and December 28, 1920, respectively, and 
?ansported from the State of Maryland into the State of Nebraska, and charg- 
lg adulteration and misbranding in violation of the food and drugs act. The 
rticle was labeled : " Egg Substitute."
It was alleged in the libel that the article was adulterated within the mean- 
tg of section 7 of the act, paragraphs 1 and 2 under food, in that it _ was 
mixture of skimmed milk, corn starch, and sugar, colored with coal-tar dye. 
dulteration was further alleged in that the article was mixed and colored in 
manner whereby inferiority was concealed.
Misbranding was alleged for the reason that the label bore the statement, 
Egg Substitute," which was false and misleading and deceived and misled 
le purchaser, and for the further reason that the article was an imitation of 
id offered for sale under the distinctive name of another article. 
On December 3, 1925, the International Co., Baltimore,Md., having with- 
?awn its claim and all pleadings without admitting the charges of misbrand- 
g or adulteration, but expressly denying the same, and having stated that 
e manufacture of the product covered by the libel had been discontinued and 
at the question of fact involved in this case would not be conclusive in any 
iture proceeding, judgment was entered, forfeiting the product to the Gov- 
nment and ordering that costs be paid by the claimant.
W. M. JABDINE, Secretary of Agriculture.