1742. Misbranding of frozen egg yolks with sugar.     U. S. v. 100 Cans, 80 Cans,
and   60   Cans   of   Frozen   Egg   Yolks  with   Sugar.     Consent   decree   of 
condemnation.     Product   ordered   released   under   bond   for   relabeling.
(F. D. C. No. 3341;    Sample Nos. 19258-E, 19259-E, 19260-E.)
The egg yolk in this product did not meet, the standard of identity for frozen 
egg yolks. 
- 
On November 6, 1940, the United States attorney for the Western District of 
Pennsylvania filed a libel against 240 cans of frozen egg yolks with sugar at 
Pittsburgh, Pa., alleging that the article had been shipped in interstate com- 
merce within the period from on or about September 6 to September 26, 1940, 
by the Frigid Food Products, 'Inc.; and charging that it was misbranded. It 
was labeled in part: "Yolks with Approx. 10% Sugar."
The article was alleged to be misbranded in that the word "Yolk" on the 
label was false and misleading since the yolk ingredient of the product did not 
meet the standard of identity for frozen egg yolks.
On November 14, 1940, Frigid Food Products, Inc., having petitioned release 
of the goods and having consented to the entry of a decree, judgment of con- 
demnation was entered and it was ordered that the product be released under 
bond conditioned that it be relabeled under the supervision of the Food and 
Drug Administration.
SHELLFISH
1743. Injunction proceeding's  to  restrain shipment in  interstate  commerce  of
adulterated crab meat.     U. S. v. Paul C. Sfermetta, Sr.     (SItrmetta Sea- 
food  Co.).    Permanent injunction granted.     (Sample No. 9026-E.)
On August 5, 1940, the United States attorney for the Eastern District of 
Louisiana filed a bill of complaint against Paul C. Skrmetta, Sr., trading as 
Skrmetta. Seafood Co. at New Orleans, La., alleging that from on or about 
May 14, 1940, to the date of filing the complaint the defendant had been en- 
gaged in cooking, picking, preparing, and packing crab meat under insanitary 
conditions-whereby it had become contaminated with filth and might have been 
rendered .injurious to health; that the crab meat so prepared and packed 
consisted in whole or in part of a filthy animal substance which was unfit 
for food and was adulterated in violation of the Federal Food, Drug, and 
Cosmetic Act; and that the food so prepared and packed by the defendant 
was being offered for interstate shipment and was being shipped in interstate 
commerce; that various shipments of the defendant's crab meat had been 
seized by the Government; that it was impossible to sample and examine each 
and every interstate shipment of crab meat which would be offered for inter- 
state shipment 'by the defendant; and that, therefore, many shipments of adul- 
terated crab meat would enter interstate commerce without being seized and the 
purpose of the law would be fruitrated unless an injunction issued. The com- 
plaint prayed further that a preliminary injunction issue and that after due 
proceeding the preliminary injunction be made permanent.
On August 6, 1940, the defendant, Paul C. Skrmetta, Sr., made answer to 
the bill of complaint, admitting the allegations therein and consenting to the 
issuance of a permanent injunction. On the same date a decree was entered 
perpetually .enjoining and restraining the defendant and all of his officers, 
representatives, agents, servants, and employees, and all persons acting on his 
behalf from shipping in interstate commerce adulterated crab meat which he 
had manufactured or would manufacture in the future.
Nos. 1744 to 1747, inclusive, report the seizure and disposition of oysters 
that contained added water.