17992. Adulteration and Misbranding of canned frozen -t*<h.ole egrgrs.    IT. S.
v. 300 Cans of Frozen Whole Egrgrs.     Consent decree of condemna- 
tion  and forfeiture.    Product  released  under bond.     (F.  & D.  No.
25582.    I. S. No. 15512.    S. No. 3868.)
Samples of canned frozen eggs from the herein-described shipment having 
been found to contain added sugar, the Secretary of Agriculture reported the- 
matter to the United States attorney for the Eastern District of New York.
On December 2d, 1930, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and. 
condemnation of 300 cans of frozen whole eggs, remaining in the original 
packages at Brooklyn, N. Y., alleging that the article had been shipped by the- 
Union Terminal Cold Storage Co., Jersey City, N. J., by order of the Land. 
O'Lakes Creameries (Inc.), on or about October 3, 1930, and had been trans- 
ported from the State of New Jersey into the State of New York, and charging" 
adulteration 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. We Guarantee These Eggs * * * 
Guaranteed to comply with all pure food laws    *    *    *   Whole Eggs."
It was alleged in the libel that the article was adulterated in that a substance,, 
to wit, sugar, had been mixed and packed therewith so as to reduce, lower, or 
injuriously affect its quality or strength, and had been substituted in'part for 
the said article.
Misbranding was alleged for the reason that the. statements, " Whole Eggsr 
Frozen Eggs * * * These eggg" * * * Guaranteed to comply with all 
pure food laws," borne on the label, 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 21, 1931, the Land O'Lakes Creameries (Inc.), Minneapolis,. 
Minn., claimant, having admitted the allegations of the libel and having con- 
sented 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 costs and the execution of a bond in the sum 
of $3,000, conditioned in part that it be relabeled under the supervision of this, 
department to show that it contained sugar.
ABTHUB M. HYDE, Secretary of Agriculture.