20534. Adulteration and Misbranding of Eggrowhite. U. S. v. 1% Barrels, 
et al., of Egrgrrowbite. Default decrees of condemnation, forfei- 
ture, and destruction. (F. & D. nos. 12120, 12579. I. S. nos. 9529-r, 
17365-r.    S. nos. C-1879, E-1941.)
These cases involved two shipments of Eggrowhite, a product which was 
labeled to convey the impression that it was an egg product, and which upon 
examination was found to consist of about equal parts of dried egg albumen 
and starch. The article also contained saponin, which might have rendered it 
injurious to health.
On January 26, 1920, the United States attorney for the District of Columbia, 
acting upon a report by the Secretary of Agriculture, filed in the Supreme 
Court of the District of Columbia, holding a District Court, a libel praying 
seizure and condemnation of one and one half barrels of Eggrowhite at Wash- 
ington, D.C, alleging that the article had been shipped on or about December 4, 
1919, by the International Co., from Baltimore, Md. to Washington, D.C. On 
April 9, 1920, the United States attorney for the Eastern District of Louisiana 
filed a libel against one barrel of the same product, charging that it had been 
shipped on or about February 11, 1920, by the S. N. Long Warehouse Co., from 
East St. Louis, Ill., to New Orleans, La. Both libels charged that the article 
was adulterated and misbranded in violation of the Food and Drugs Act.
It was alleged in the libels that the article was adulterated in that starch 
and saponin had been mixed and packed therewith and had been substituted 
in part for the said article. Adulteration was alleged for the further reason 
that the article had been mixed in a manner whereby inferiority was con- 
cealed, and in that it contained an added poisonous or added deleterious in- 
gredient which might have rendered it injurious to health. Adulteration was 
alleged with respect to the product seized at Washington, D.C, for the further 
reason that a valuable constituent of the article, egg albumen, had been in part 
abstracted.
Misbranding of the product seized at Washington, D. C, was alleged for the 
reason that the statements on the containers, " Egg Products Eggrowhite 
* * * Bakers & Confectioners Specialties ", were false and misleading, and 
deceived and misled the purchaser into the belief that the article was an 
egg product, whereas it was a product containing other substances, namely,
starch and saponin; and for the further reason that it was an imitation of 
and was offered for sale under the distinctive name of another article, namely, 
" Egg Products." Misbranding was- alleged with respect to the product seized 
at New Orleans, La., for the reason that it was an imitation of another article, 
" Egg White."
On February 19, 1920, the International Co., Baltimore, Md., and M. Holz- 
beierlein, Washington, D. C, entered appearances in the case instituted in the 
District of Columbia, denying the material allegations of the libel and pray- 
ing dismissal of the case. The respondents, however, having failed to file 
claims and stipulations for costs, on October 6, 1932, the court entered judg- 
ment dismissing the answers, condemning and forfeiting the product, and 
ordering that it be destroyed by the United States marshal. No formal ap- 
pearance was made in the New Orleans case and on February 12, 1923, 
judgment of condemnation, forfeiture, and destruction was entered.
R. G. TUGWELL, Acting Secretary of Agriculture.