12576. Misbranding   of  Egg-save.    U.   S.  v.  40  Dozen   Cartons   of   flgggave.
Default   decree   of   condemnation,   forfeiture,   and   destruction.
(F. & D. No. 18627.    I. S. No. 11734-v.    S. No. W-1503.)
On April 26, 1924, the United States attorney for the Northern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying the seizure 
and condemnation of 40 dozen cartons of Eggsave remaining in the original 
unbroken packages at Oakland, Calif., alleging that the article had been 
shipped by the Heinrich Chemical Co., from Minneapolis, Minn., October 27, 
1923, and transported from the State of Minnesota into the State of California, 
and charging misbranding in violation of the food and drugs act. The article 
was labeled in part: "Eggsave * * * Prepared only by Duchess Labora- 
tories Minneapolis, Minn. * * * Artificially Colored Guaranteed to comply 
with all Pure Food Laws."
Misbranding of the article was alleged in fhe libel for the reason that the 
designation "Eggsave" and the statements, "Takes The Place Of Expensive 
Eggs in Baking and Cooking," "' Eggsave' is a pure food product which may 
be used instead of eggs in all baking and cooking," " One box of ' Eggsave' 
takes the place of three dozen eggs," " This box contains sufficient ' Eggsave' 
to take the place of three dozen .expensive fresh eggs," and " For each egg 
called for in recipe use one Level teaspoonful of ' Eggsave,'" appearing in the 
labeling, were false and misleading and deceived and misled the purchaser.
On August 12, 1924, 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.
HOWARD M. GORE, Secretary of Agriculture.