SS43. Adulteration and misbranding; of eg'g; powder. XJ. S. * * * v. 3?
Barrels of Eerg; Powder. Consent decree of condemnation and for??
feiture. Product released under bond. (F. & D. No. 13113. I. S. No.?
10226-t.     S. No. W-638.)
On August 13, 1920, the United States attorney for the District of Colorado,?
acting upon a report by the Secretary of Agriculture, filed in the District Court
238	
BUKEAU  OF  CHEMISTRY.	
[Supplement 107,
of the United States for said district a libel for the seizure and condemnation?
of 3 barrels of egg powder, remaining unsold in the original unbroken packages?
at Denver, Colo., alleging that the article had been shipped on or about Decem??
ber 23, 1919, January 24, 1920, and February 5, 1920, by the Joe Lowe Co.,?
Los Angeles Calif., and transported from the State of California into the State?
of Colorado, and charging adulteration and misbranding under the Food and?
Drugs Act.   The product was invoiced, " Hygrade Whole Egg Powder.''
Analysis of a sample of the product by the Bureau of Chemistry of this?
department showed that it consisted very largely of dried egg yolks.
Adulteration of the article was alleged in the libel for the reason that it?
contained a mixture of dried egg yolks, and that dried egg yolks had been?
mixed and packed with, and substituted in part for, dried whole egg powder.
Misbranding of the article was alleged for the reason that it was an imita??
tion of, and vv as offered for sale and sold under the distinctive name of, another?
article, to wit, dried wThole egg powder.
On October 8, 1920, the Joe Lowe Co., claimant, having filed an answer admit??
ting the allegations of the libel, a consent decree of condemnation and forfeiture?
was entered, and it was ordered by the court that the product be released to?
said claimant upon the payment of the costs of the proceedings and the execu??
tion of a satisfactory bond, in conformity with section 10 of the act.
B. D. BALL, Acting Secretary of Agriculture.