10270.?Adulteration and misbranding- of Bakers' "Whip.     U.  S.     *     *     *     v.
9 Pounds 8 Ounces of Bakers' Whip. Default decree of con??
demnation, forfeiture, and destruction. (F. & D. No. 13054. I. S.?
No. 3628-t.    S. No. E-2444.)
On July 30, 1920, the United States attorney for the Southern District of?
Georgia, acting upon a report by the Secretary of Agriculture, filed in the Dis??
trict Court of the United States for said district a libel for the seizure and?
condemnation of 9 pounds and 8 ounces of Bakers' Whip, remaining unsold in?
the original packages at Bainbridge, Ga., alleging that the article had been?
shipped by the W. B. Wood Mfg. Co., St. Louis, Mo., on or about July 1, 1920,?
and transported from the State of Missouri into the State of Georgia, and?
charging, in substance, adulteration and misbranding in violation of the Food?
and Drugs Act. The article was labeled in part: " * * * Bakers Whip?
* * * Manufactured exclusively by W. B. Wood Mfg. Co., St. Louis, Mis??
souri."
It was alleged in substance in the libel that the article was adulterated in?
violation of section 7 of the Food and Drugs Act, paragraphs 1, 2, and 4,?
under the title " Food," in that alum and phosphate baking powders, starch,?
and gum had been mixed and packed with, and substituted wholly or in part?
for, the said article and for the further reason that it was colored in a manner?
whereby its inferiority was concealed.
Misbranding was alleged in substance for the reason that the statements?
appearing in the labeling of the article, to wit, " Bakers' Whip An Egg Substi??
tute * * * If you are looking for something to use in place of eggs, this?
is it. * * * Each one pound of Bakers' Whip is equal in strength to 50?
eggs and should be used in like proportion * * * One fourth pound of?
Bakers Whip is equal to about 13 eggs * * *," were false and misleading?
and deceived and misled the purchaser. Misbranding was alleged for the fur??
ther reason that the article was an imitation of, and was offered for sale under?
the distinctive name of, another article.
N.J. 10251-1G300]   SERVICE AND REGULATORY ANNOUNCEMENTS.        151
On June 21, 1921, 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.
C. F. MARVIN, Acting Secretary of Agriculture.