18664. Adulteration and Misbranding of frozen egrgrs.    U. S. v. 484 Cans of"
Froien   ISgrgrs.    Consent   decree   of   condemnation.    Product   re- 
leased under bond.    (F. & D. No. 26222.    I. S. No. 28341.    S. No. 4540.)
Examination of samples of canned frozen eggs from the shipment herein 
described having shown that the article contained added undeclared sugar, 
and that the label failed to declare the quantity of the contents of the cans, 
the Secretary of Agriculture reported the matter to the United States attorney- 
for the Western District of New York.
On April 10, 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 434 cans of frozen eggs, remaining in the original unbroken 
packages at Buffalo, N. Y? consigned by the McDougall Terminal Warehouse
Co., Duluth, Minn., alleging that the article had been shipped from Duluth, 
Minn., on or about November 26, 1930, and had been transported from the State 
of Minnesota into the State of New York, and charging adulteration and mis- 
branding in violation of the food and drugs act as amended. The article was 
labeled in part: " Odell Yolks Fine Northern Eggs St PauL"
It was alleged in the libel that the article was adulterated in that frozen 
eggs containing added sugar had been substituted for the said article.
Misbranding was alleged for the reason that the statements on the label, 
" Yolks " and " Eggs," 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; and for 
the further 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 May 1, 1931, Jay G. Odell, Buffalo, N. Y., having appeared as claimant 
for the property and having consented to the entry of a decree, judgment of 
condemnation 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 $14,000, conditioned in part that it be relabeled under the 
supervision of this departmentAETHTXB M.,HYMJ, Secretary of Agrimltwe;