18616. Adulteration and Misbranding of canned frozen eggs.    U. S. ~v. 3,600
Cans of Frozen Eggs. Product ordered released under bond to be 
relabeled. (F. & D. No. 26346. 1. S. Nos. 30009, 30010, 30011. S. No. 
4591.)
Samples of canned frozen eggs from the shipments herein described having 
been found to contain added whites, the Secretary of Agriculture reported the 
matter to the United States attorney for the District of New Jersey.
On May 12, 1931, the United States attorney filed in the District Court of the 
United States for the district aforesaid a libel praying seizure and condemna- 
tion of 3,600 cans of frozen eggs, remaining in the original unbroken packages 
at Jersey City, N. J., alleging that the article had been shipped by the Kraft- 
Phenix Cheese Corporation, Dallas, Tex., in part on or about February 11, 1931, 
and in part on or about February 16, 1931, and had been transported from the 
State of Texas into the State of New Jersey, and charging adulteration and 
misbranding in violation of the food and drugs act. The article was labeled in 
part: (Can cover) "Whole Eggs;" (tag) "Kraft-Phenix Cheese Corpora- 
tion   *   *   *   Dallas,. Texas.   Whole Eggs."
It was alleged in the libel that the article was adulterated in that whole 
eggs containing added and undeclared egg whites had bqen substituted for whole 
eggs, which the said article purported to be.
Misbranding was alleged for the reason that the statement on the label, 
"Whole Eggs," was false and misleading and deceived and misled the pur- 
chaser in that the article contained added and undeclared egg whites. Mis- 
branding was alleged for the further reason that the article was offered for 
sale under the distinctive name of another article, to wit, whole eggs.
On June 8, 1931, William W. Johnstone, claimant, having admitted the alle- 
gations of the libel and having consented to the entry of a decree condemning 
and forfeiting the product, judgment was entered ordering that the product be 
delivered to the said claimant upon payment of costs and the execution of a 
bond in the sum of $15,000, conditioned in part that it be relabeled " Whole 
Eggs with Added Whites," and should not be disposed of contrary to the 
requirements of the law, and until inspected and approved by this department.
ABTHXTB M. HYDE, Secretary of Agriculture.