15604.?Adulteration and misbranding of frozen eggs.    V. S. v. 421 Cans of
Canned. Frozen Eggs. Consent decree of condemnation and for??
feiture. Product released under bond. (F. & D. No. 22373. I. S.?
No. 21877-x.    S. No. 438.)
On January 17, 1928, the United States attorney for the Southern District?
of New York, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district a libel praying1 seizure?
and condemnation of 421 cans of frozen eggs, remaining in the original unbroken?
packages at New York, N. Y., alleging that the article had been shipped in?
interstate commerce by Sam Katz, from Chicago, 111., about December 12, 1927,?
and charging adulteration and misbranding in violation of the food and drugs?
act as amended.
It was alleged in the libel that the article was adulterated, in that it con??
sisted in whole or in part of a filthy, decomposed, or putrid animal substance.
Misbranding was alleged for the reason that the article was food in package?
form and the quantity of the contents was not plainly and conspicuously?
marked on the outside of the package.
On February 6, 1928, Henningsen Bros., Inc., New York, N. Y., claimant,?
having admitted the allegations of the libel and having consented to the entry?
of a decree, judgment of condemnation and forfeiture was entered, and it was?
ordered by the court that the product be released to the said claimant upon?
payment of the costs of the proceedings and the execution of a bond in the?
sum of $5,800, conditioned in part that it be salvaged by separating the good?
from the bad'eggs, and that the latter be destroyed or disposed of under the?
supervision of this department for some approved technical purpose.
W. M. JARDINE, Secretary of Agriculture.
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