. Adulteration and Misbranding of canned frozen eggs.    U.S. v. 416
Cans   of   Frozen   Eggs.    Default   decree   of   condemnation,   for- 
feiture, and destruction.     (F. & D. No. 28521.    Sample No. 7718-A.)
This action involved the shipment of a quantity of canned frozen eggs, 
samples of which were found to be decomposed. Examination further showed 
that the article contained undeclared added sugar.
On or about August 1, 1932, the United States attorney for the Southern 
District of Florida, acting upon a report by the Secretary of Agriculture, filed 
in the District Court of the United States for the district aforesaid a libel 
praying seizure and condemnation of 416 cans of frozen eggs, remaining in the 
original and unbroken packages at West Palm Beach, Fla., alleging that the 
article had been shipped in interstate commerce on or about October 12, 1931, 
by the Sunbeam Egg Co., from Roanoke, Va., to West Palm Beach, Fla., and 
charging adulteration and misbranding in violation of the Food and Drugs Act. 
The article was labeled in part: (Cans) "Frozen Whole Eggs * * * Dis- 
tributed by the Sunbeam Egg Company, General Offices, Cleveland, Ohio."
It was alleged in the libel that the article was adulterated in that frozen 
eggs containing added sugar had been substituted for the article. Adulteration 
was alleged for the further reason that the product consisted in part of a de- 
composed animal substance.
Misbranding was alleged for the reason that the article was offered for sale 
under the distinctive name of another article.
On September 7, 1932, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
R. G. TCTGWHLL, Acting Secretary of Agriculture.