17655. Adulteration and Misbranding of canned frozen mixed eggs.    U. S.
v. 714 Cans of Frozen Eggs, Mixed. Product ordered released 
under bond to be salvaged. (F. & D. No. 24907. I. S. No. 028461. 
S. No. 3233.)
Samples of canned frozen mixed eggs from the herein described interstate 
shipment having 1 been found to be decomposed and to bear no statement of the 
quantity of the contents on the cans, the Secretary of Agriculture reported the 
matter to the United States attorney for the District of New Jersey.
On or about July 16, 1930, the said United States attorney filed in the District 
Court of the United States for the district aforesaid a libel praying seizure and 
condemnation of 714 cans of frozen mixed eggs, remaining in the original 
unbroken packages at Jersey City, N. J., alleging that the article had been 
shipped by the Marshall Kirby Co., from Indianapolis, Ind., on or about June 
22, 1930, and had been transported from the State of Indiana into the State of 
New Jersey, 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 part of a decomposed and 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 packages.
On August 25, 1930, Marshall Kirby & Co. (Inc.), New York, N. Y., having 
appeared as claimant for the property and having admitted the allegations of 
the libel and consented that a decree be entered condemning and forfeiting the 
product, judgment was entered ordering that the said product be released to the 
claimant upon payment of costs and the execution of a bond in the sum of 
.$2,500, conditioned in part that the good portion be separated from the bad, 
the rejects denatured for nonfood use, and the passable cans marked with a 
statement of the net weight.
AETHUE M. HYDE, Secretary of Agriculture.