18441. Adulteration and Misbranding of dried egg yolk.    U. S. v. 8 Cases
of Dried Egg Yolk. Consent decree of condemnation and forfei- 
ture. Product released under bond. (F. & D. No: 26145. I. S. No. 
22076.    S. No. 4448.)
Samples of dried egg yolk from the shipment herein described having been 
found to be artificially colored and to contain a lactose-bearing substance, the 
Secretary of Agriculture reported the matter to the United States attorney for 
?the Northern District of California.
On March 30, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and condem- 
nation of eight cases of dried egg yolk, remaining in the original unbroken 
packages at San Francisco, Calif., alleging that the article had been shipped 
from New York, N. Y., on or about February 5, 1931, and had been transported 
from the State of New York into the State of California, and charging adulter- 
ation and misbranding in violation of the food and drugs act. The article was 
labeled in part: " COB San Francisco From China, Contains 6% Per cent In- 
vert Sugar   *   *   *   Importers Comm. Co.   *   *   *   New York, N. Y."
It was alleged in the libel that the article was adulterated in that a substance 
consisting of dried egg yolk artificiaUy colored, and a lactose-bearing substance 
liad been substituted in part for the said article. Adulteration was alleged for 
the further reason that the article had been colored in a manner whereby its 
inferiority was concealed.
Misbranding was alleged for the reason that the statement, " Contains 6% Per 
cent Invert Sugar," borne on the label, was false and misleading and deceived 
and misled the purchaser when applied to an article containing a lactose-bearing 
substance. Misbranding was alleged for the further reason that the article was 
an imitation of and was offered for sale under the distinctive name of another 
article.
On April 18,1931, the Pacific Orient Co., claimant, having admitted the allega- 
tions of the libel and having consented to the entry of a decree, judgment of 
-condemnation and forfeiture was entered, and it was ordered by the court that 
the product be released to the said claimant upon payment of costs and the 
execution of a bond in the sum of $650, conditioned in part that it be made to 
conform to the Federal food and drugs act, under the supervision of this de- 
partment.
AETHTJR M. HYDE, Secretary of Agriculture.