18442. Adulteration and Misbranding of canned frozen whole eggs.    V. S.
v. 475 Cans of Frozen Easts*. Product ordered released under bond 
to be reconditioned.     (F. & D. No. 26152.    I. S. No. 28333.    S. No. 4473.)
Samples of canned frozen whole eggs from the shipment herein described 
having been found to be decomposed, the Secretary of Agriculture reported the 
matter to the United States attorney for the Western District of Pennsylvania.
On March 31, 1931, the United States attorney filed in the District Court of 
"the United States for the district aforesaid a libel praying seizure and con- 
demnation of 475 cans of frozen eggs, remaining in the original unbroken pack- 
ages at Pittsburgh, Pa., alleging that the article had been shipped by the Mer- 
chant's Cold Storage Co., Cincinnati, Ohio, at the direction of the Alex Wilson 
?Co., on or about September 15, 1930, and had been transported from the State 
of Ohio into the State of Pennsylvania, and charging adulteration and misbrand- 
ing in violation of the food and drugs act as amended. A portion of the article 
?was labeled: " Wilson's Quality Whole Eggs 30 Lbs. When Packed." The re- 
mainder of the said article was unlabeled.
It was alleged in the libel that the article was adulterated in that it consisted 
in part of a decomposed 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 April 29, 1931, the Alex Wilson Co., Cincinnati, Ohio, claimant, having 
-admitted the allegations of the libel and having consented to the condemnation
and forfeiture of the product, judgment was entered ordering that the product 
be ^released to the said claimant upon payment of costs and the execution of 
Tjond in the sum of $1,500, conditioned in part that the fit portion be segregated 
and relabeled under the supervision of this department and that the unfit por- 
tion be destroyed.
AETHUB M. HYDE, Secretary of Agriculture.