18449. Adulteration   and   Misbranding of   Canned   frozen   whole   eggs.    IT.   S..
v. 152 Cans of Frozen Whole Egg's, et al. Product ordered re- 
leased under bond to be reconditioned. (F. & D. Nos. 26148, 26173.. 
I. S. Nos. 28329, 28337.    S. Nos. 4459, 4506.)
Samples of canned frozen eggs from the shipments herein described having 
been found to be decomposed, and certain portions having been found to bear- 
no declaration of the quantity of the contents on the label,, the- Secretary- 
of Agriculture reported the matter to the United States attorney for the West- 
ern District of Pennsylvania.
On March 31 and April 6, 1931, the United States attorney filed in the 
District Court of the United States for the district aforesaid" libels praying 
seizure and condemnation of 443 cans of frozen eggs, remaining in the original 
unbroken packages at Pittsburgh, Pa., alleging that the article had been 
shipped by the Alex Wilson Co., from Cincinnati, Ohio, consigned in part on- 
December 8, 1930, and in part on February 23, 1931, and had been trans- 
ported from the State of Ohio into the State of Pennsylvania, and charging- 
adulteration and misbranding with respect to a portion of the article, and 
adulteration with respect to the remainder, in violation of the food and 
drugs act as amended. A portion of the article was labeled in part: " Wilson's 
Quality Whole Eggs Net Wt. 30 Lbs. When Packed The Alex Wilson Co., 
Cincinnati, Ohio." The remainder of the said article was unlabeled except 
for storage marks.
Adulteration was alleged in the libel filed with respect to a portion of the 
article for the reason that it consisted in part of a decomposed animal sub- 
stance, and with respect to the remainder for the reason that it consisted 
in part of a decomposed and putrid animal substance.
Misbianding was alleged with respect to portions of the article for the 
reason that it 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, R. C. Austin and B. H. Meyer, Pittsburgh, Pa., claimants, 
having admitted the allegations of the libels and having consented to the 
entry of decrees of condemnation and forfeiture, judgments were entered' 
ordering that the product be released to the said claimants upon payment 
of costs and the execution of bonds totaling $1,000, conditioned in part that 
the fit portions be segregated and relabeled under the supervision of this- 
department, and that the unfit portions be destroyed.
ABTHTJB M. HYDE, Secretary of Agriculture.