23313. Adulteration and misbranding of frozen eggs.    U. S. v. 185 Cans of
Frozen Eggs.     Decree  of condemnation and forfeiture.    -Product 
released under bond.    (F. & D. no. 33497.    Sample no. 11345-B.)
This case involved a shipment of frozen eggs which were in part decomposed. 
The cans failed to bear on the label a statement of the quantity of the contents.
On September 15, 1934, the United States attorney for the Eastern District 
of Louisiana, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 185 cans of 
frozen eggs at New Orleans, La., alleging that the article had been shipped in 
interstate commerce, on or about August 11, 1934, by the Western Produce Co., 
from Fort Worth, Tex., and charging adulteration and misbranding in violation 
of the Food and Drugs Act as amended.
The article was alleged to be adulterated in that it consisted in part of a 
decomposed animal substance.
Misbranding was alleged for the reason that the article was food in package 
form and the quantity of the contents was not plainly and conspicuously marked 
on the outside of the package.
On November 5, 1934, Wilson & Co., Inc., of Louisiana, having appeared as 
claimant and having admitted the allegations of the libel, judgment of con- 
demnation was entered and it was ordered that the product be released to 
the claimant under bond, conditioned that the good be separated from the bad 
and the good portion properly labeled, and that it should not be disposed of 
until inspected and approved by this Department.
M. L. WILSON, Acting Secretary of Agriculture.