19689. Adulteration and Misbranding of dried egg yolk. V. S. v. Joe Lowe 
Corporation. Tried to the court. Judgment of guilty. Fine, 
97B.    (F. & D. No. 26567.    I. S. No. 036845.)
This action was based on the interstate shipment of a quantity of an article 
represented to be a dried egg product, and which was found to consist in part 
of lactose, a milk product.
On October 10, 1931, the United States attorney for the Northern District 
of Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid an information 
against the Joe Lowe Corporation, trading at Chicago, Ill., alleging shipment 
by said company, in violation of the food and drugs act, on or about May 3, 
1930, from the State of Illinois into the State of Minnesota, of a quantity of 
an egg product that was adulterated and misbranded. The article was labeled 
in part: (Barrel) "Jo Lo Certified Eggs Certified Egg Products Jo Lo A A Joe 
Lowe Co., Incorporated, New York."
It was alleged in the information that the article was adulterated in that 
an added milk product, namely, a lactose-containing ingredient, had been 
substituted in part for a product purporting to be made exclusively from eggs, 
which the article purported to be.
Misbranding was alleged for the reason that the statements, " Certified 
Eggs " and " Certified Egg Products," borne on the label, were false and mis- 
leading; and for the further reason that the article was labeled as aforesaid 
so as to deceive and mislead the purchaser, since the said statements repre- 
sented that the article was made exclusively from and consisted solely of eggs; 
whereas it was a product made in part from and consisted of an undeclared 
added substance, a lactose-containing ingredient.
On March 31, 1932, the case came on for trial before the court on a plea 
of not guilty entered on behalf of the defendant company. After a hearing 
by the court, judgment of guilty was entered and a fine of $75 was imposed.
ABTHTFB M. HYDE, Secretary of Agriculture.