18450. Misbranding of   frozen   whole   eggs.    TJ.   S.  v.  24   Cans   of  Frozen
Whole   Eggg,    Default   decree   of   condemnation,  forfeiture,   and' 
destruction.    (F. & D. No. 26147.    I. S. No. 27894.    S. No. 4460.)
Examination of the frozen whole eggs from the shipment herein described 
having shown that portions of the article were decomposed, also that the can 
labels bore no declaration of the quantity of the contents, the Secretary of AgrL
culture reported the matter to the United States attorney for the Eastern 
District of Pennsylvania.
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 24 cans of frozen whole eggs, remaining in the original unbroken 
packages at Philadelphia, Pa., consigned by the Land O'Lakes Creamery Cc, 
alleging that the article had been shipped from Minnesota Transfer, Minn., on 
or about June 11, 1930, and had been transported from the State of Minnesota 
into the State of Pennsylvania, and charging misbranding in violation of the 
food and drugs act as amended. The article was labeled in part: "Whole 
Eggs."
It was alleged in the libel that the article was misbranded in that it was 
food in package form and the quantity of the contents was not plainly and 
conspicuously marked on the outside of the package.
In view of the fact that samples of the product had been found to be decom- 
posed, this department recommended that the further charge be included in the 
libel that the article was adulterated in that it consisted in part of a decom- 
posed animal substance. The adulteration charge recommended was omitted, 
apparently through inadvertence. 

On April 20, 1931, no claimant having appeared for the property, judgment 
was entered finding the product misbranded, and ordering that it be con- 
demned, forfeited, and destroyed.
AETHXTR M. HYDE, Secretary of Agriculture.