18433. Adulteration  and Misbranding of frozen  egg yolks.    TJ.   S. v.  962
Cans of Frozen Egg Yolks.     Product ordered released under bond 
to be relabeled.    (F. & D. No. 26255.    I. S. No. 28308.    S. No. 4590.)
Samples of canned frozen eggs from the shipment herein described having 
been found to contain added undeclared sugar, the Secretary of Agriculture 
reported the matter to the United States attorney for the Western District of 
Pennsylvania.
On April 21, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure arid con- 
demnation of 962 cans of frozen egg yolks, remaining in the original unbroken 
packages at Pittsburgh, Pa., alleging that the article had been shipped by the 
H. J. Keith Co. (Inc.), from Minneapolis, Minn., on or about March 7, 1931, and 
had been transported from the State of Minnesota into the State of Pennsyl- 
vania, and charging adulteration and misbranding in violation of the food and 
drugs act. The article was labeled in part: " Packed in Minneapolis, Minn. 
Keiths Eggs Ovisco."
It was alleged in the libel that the article was adulterated in that egg yolks 
containing added sugar had been substituted for the said article.
Misbranding was alleged for the reason that the statement on the label,. 
" Eggs," was false and misleading and deceived and misled the purchaser. Mis- 
branding was alleged for the further reason that the article was offered for 
sale under the distinctive name of another article.
On May 6, 1931, the H. J. Keith Co., New York, N. Y., claimant, having 
admitted the allegations of the libel and having consented to the entry of a 
decree of condemnation and forfeiture, judgment was entered ordering that the 
product be released to the said claimant to be relabeled under the supervision 
of this department, upon payment of costs and the execution of a bond in the 
sum of $1,500, conditioned in part that it should not be disposed of in violation 
of the law.
ARTHUR M. HYDE, Secretary of Agriculture.