27457. Misbranding and alleged Adulteration of egg yolks.     U. S. v. 333  Cans
of Yolks. Consent decree of condemnation. Product released under 
bond to be relabeled.     (F. & D. no. 39618.    Sample nos. 35610-C, 38712-C.)
This product was represented to consist of egg yolks containing 10 percent of 
sugar, but did consist of egg yolks and egg white containing approximately 6.71 
percent of sugar.
On May 15,1937, the United States attorney for the Northern District of Cali- 
fornia, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 333 cans of egg yolks at San 
Francisco, Calif., alleging that they had been shipped in interstate commerce 
on or about March 20, 1937, by the Northwest Poultry & Dairy Products Co., 
from Meridian, Idaho, and charging adulteration and misbranding in violation 
of the Food and Drugs Act. The article was labeled in part: (Can) "Yolks, 10 
percent sugar added * * * Northwest Poultry and Dairy Products Co., 
*    *   *   Portland, Oregon."
It was alleged to be adulterated in that a mixture of egg yolks and egg white 
containing less than 10 percent of sugar had been substituted wholly or in part 
for egg yolks and 10 percent of sugar, which the article purported to be.
The article was alleged to be misbranded in that the statement "Yolks Ten 
Percent Sugar added" was false and misleading and tended to deceive and mis- 
lead the purchaser when applied to an article that was a mixture of egg yolks 
and egg white containing less than 10 percent of sugar.
On June 5, 1937, Armour & Co., claimant, having consented to the entry of a 
decree, judgment was entered finding the product misbranded and ordering that 
it be condemned. The product was released under bond conditioned that it be 
relabeled.
M. L. WILSON, Acting Secretary of Agriculture.