0142. Adulteration and Misbranding of Consumers whole egg powder with.
cereal for baking- and cooking. TI. S. * * * v. 300 Cans * * * 
of a Product labeled " Consumers Whole Egg Powder With Cereal 
* * *." Default decree of condemnation, forfeiture, and destruc- 
tion.    (F. & D. No. 11278.   I. S. No. 7941-r.    S. No. C-1443.)
On or about September 25, 1919, the United States attorney for the Southern 
District of Ohio, acting upon a report by the Secretary of Agriculture, filed 
in the District Court of the United States for said district a libel for the
seizure and condemnation of 300 cans of Consumers whole egg powder with 
cereal for baking and cooking, at Dayton, Ohio, consigned by the Consumers 
Supply Co., Portland, Mich., on November 22, 1918, alleging that the article 
had been shipped and transported from the State of Michigan into the State 
of Ohio, and charging adulteration and misbranding in violation of the 
Food and Drugs Act. The product was labeled: (Cans) "* * * Whole 
Egg Powder With Cereal * *' * more' economical, more convenient and 
better * * * than fresh hens' eggs. * * * This . .package contains 
twenty-five spoonfuls, or enough to take the place of twenty-five fresh hens' 
eggs;" (circular) " Whole Egg Powder , *. * * you can save all the eggs 
you would ordinarily use in cooking and baking * * .* brings eggs down 
to 12$ per dozen * * * Consumer's Whole Egg Powder may be used with 
as good or better results than can be obtained by the use of fresh hen's 
eggs * * * each teaspoonful can be used in place of one fresh egg in your 
baking and cooking."
Analysis of a sample of the product by the Bureau of Chemistry of this 
department showed that it consisted essentially of cornstarch, egg albumen, 
and a small amount of calcium and aluminum phosphates, and that it was 
artificially colored with tartrazine, ,
Adulteration of the article was alleged in the libel for the reason that starch 
had been substituted wholly or in part for an article purporting to be " Whole 
egg powder made from strictly fresh eggs," in the circular, and " Whole egg 
powder with cereal" on the label,.,thereby.pausing its strength or purity 
to fall below the professed standard or quality under which it was sold, and 
for the further reason that said product was artificially colored in a manner 
whereby inferiority was concealed.
Misbranding was alleged in substance for the reason that the above-quoted 
statements, appearing on the label and in the circular accompanying the article, 
not corrected by the qualifying statements inconspicuously printed on the 
package, "Artificially Colored The contents of this package contain powdered 
yolk of fresh eggs, albumen corn starch and phosphate,", were false and mis- 
leading and deceived and misled the purchaser, and for the further reason that 
said article was sold and offered for sale under the distinctive name of another 
article.  
.  . .
On May 18, 1920, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed.by the United States marshal.
E.  D. BALL, Acting  Secretary of Agriculture.