19741. Adulteration   and   Misbranding of   canned   egg   yolk.    17.   S.   v.   ISO
Cans   of   Egg   Yolk.     Consent   decree   of   condemnation   and   for- 
feiture.     Product released under bond for relabeling.     (P. & D. No.
27900.    I. S. No. 52254.    S. No. 5932.)
Samples of egg yolk from the shipment herein described having been found 
to contain added undeclared sugar, the Secretary of Agriculture reported the 
matter to the United States attorney for the Eastern District of Michigan.
On March 10, 1932, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of 150 cans of canned egg yolk at Detroit, Mich., alleging that 
the article had been shipped by Rothenberg and Schneider Bros., from Chicago,
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111., on or about January 9, 1932, and had been transported in interstate com- 
merce from the State of Illinois into the State of Michigan, and charging 
adulteration and misbranding in violation of the food and drugs act. The 
article was labeled in part: (Cans) "Egg Yolks * * * Rothenberg and 
Schneider Brothers,    *    *    *   Chicago, Ill."
It was alleged in the libel that the article was adulterated in that a sub- 
stance, sugar, had been substituted in part for the article.
Misbranding was alleged for the reason that the statement on the label, 
" Egg Yolks," was false and misleading and deceived and misled the purchaser.
On April 2, 1932, Rothenberg & Schneider Bros. (Inc.), Chicago, Ill., claimant, 
having admitted the allegations of the libel and having consented to the entry 
of a decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the said claimant for 
relabeling, under the supervision of this department, upon payment of costs 
and the execution of a bond in the sum of $1,000 conditioned that it should 
not be sold or otherwise disposed of contrary to the provisions of the food and 
drugs act and all other laws.
HENRY A. WALLACE, Secretary of Agriculture.