18020. Adulteration and Misbranding of canned frozen eggs.    U. S. v. 399
Cans of Frozen E2g;g;s. Decree of condemnation and forfeiture. 
Product released under bond. (F. & D. No. 25769. I. S. No. 9169. 
S. No. 4010.)
Samples of canned frozen eggs from the herein-described shipment having 
been found to be decomposed and to contain added sugar, the Secretary of 
Agriculture reported the matter to the United States attorney for the District 
of Maryland.
On January 19, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of 399 cans of frozen eggs, remaining in the original unbroken 
packages at Baltimore, Md., alleging that the article had been shipped by 
the Land O'Lakes Creameries (Inc.), from Peoria, Ill., on or about June 24, 
1930, and had been transported from the State of Illinois into the State of 
Maryland, 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.   *   *   *   "Whole Eggs."
It was alleged in the libel that the article was adulterated in that it con- 
sisted in part of a filthy, decomposed, or putrid animal substance. Adultera- 
tion was alleged for the further reason that a substance, 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, " Frozen Eggs 
* * * Whole Eggs," borne on the can label, were false and misleading and 
deceived and misled the purchaser. Misbranding was alleged for the further 
reason that the article was offered for sale under the distinctive name of 
another article.
On January 29, 1931, the Land O'Lakes Creameries (Inc.), Minneapolis, 
Minn., having appeared as claimant for the property, judgment of condem- 
nation 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 execu- 
tion of a bond in the sum of $3,500, conditioned in part that it should not 
be sold or disposed of until sorted, the unfit portion removed therefrom, and 
the article made to conform to the requirements of the Federal food and 
drugs act.
AETHUB M. HYDE, Secretary of Agriculture.