20469. Adulteration and Misbranding of canned frozen whole eggs.    IT. S.
v. 660 Cans of Frozen Whole Eggs.    Consent decree of condemna- 
tion  and  forfeiture.     Product  released  under  bond.     (F.   &  D.  no.
29257.    Sample no. 15970-A.)
This action involved the interstate shipment of a quantity of canned frozen 
whole eggs, samples of which were found to be decomposed. The cans con- 
taining the article were not labeled to show the quantity of the contents.
On November 10, 1932, the United States attorney for the District of Mary- 
land, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for the district aforesaid a libel praying seizure 
and condemnation of 660 cans of frozen whole eggs, remaining in the original 
unbroken packages at Baltimore, Md., alleging that the article had been shipped 
in interstate commerce on or about October 31, 1932, by the Omaha Cold 
Storage Co., from Omaha, Nebr., to Baltimore, Md., and charging adulteration 
and misbranding in violation of the Food and Drugs Act. The cans containing 
the article had the words, "Whole Eggs.", embossed on the lid.
It was alleged in the libel that the article was adulterated in that it consisted 
in part of a decomposed animal substance.
Misbranding was alleged for the reason that the article was food in package 
form and the quantity of the contents was not plainly and conspicuously 
marked on the outside of the package.
The Omaha Cold Storage Co., Omaha, Nebr., filed its claim and answer 
admitting the allegations of the libel, consenting to the entry of a decree and 
praying release of the goods. On November 15, 1932, judgment of condemna- 
tion 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 $2,500, conditioned in part that it be made 
to conform to the Federal Food and Drugs Act under the supervision of this 
Department. The decomposed portion was separated and denatured so as to 
render it unfit for food.
R. G. TUGWELL, Acting Secretary of Agriculture.