18665. Adulteration and Misbranding of froxen eg;grs. U. S. v. 49 Cans of 
Froien Eggi. Consent decree of condemnation entered. Prod* 
net released under bond. (F. & D. No. 26223. I. S. No. 28340. S. No. 
4541.)
Examination of samples of frozen eggs from the shipment herein described 
having shown that the article contained added undeclared sugar, and that the 
cans failed to bear a statement of the quantity of the contents, 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 condem- 
nation of 49 cans of frozen eggs, remaining in the original unbroken packages 
at Buffalo, N. Y., consigned by the Mound City Ice Cold Storage Co., St. Louis, 
Mo., alleging that the article had been shipped from St. Louis, Mo., on or about 
June 28, 1930, and had been transported from the State of Missouri into the 
State of New York, and charging adulteration and misbranding in violation of 
the food and drugs act as amended. The article was labeled in part: " Odell 
Fine Frozen Eggs Yolks St. Louis, Mo."
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 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 $800, conditioned in part that it be relabeled under the super- 
vision of this department.
ABTHTTB M. HYDE, Secretary of Agriculture.