28097. Adulteration and misbranding of frozen egg yolk.    TJ. S. v. 381 Cans of
Frozen Egg Yolk.    Consent decree of condemnation.    Product released 
under bond for relabeling.    (F. & D. No. 39687.    Sample No. 8877-C.)
This product contained excess added egg white.
On June 4, 1937, the United States attorney for the District of New Jersey, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 381 cans of frozen egg yolk at Jersey
City, N. J., alleging that the article had been shipped in interstate commerce 
on or about May 17, 1937, by the Highway Butter & Egg Co. from Indian- 
apolis, Ind., and charging adulteration and misbranding in violation of the 
Food and Drugs Act. The article was labeled in part: "Yolks with approx. 
10% Sugar."
The article was alleged to be adulterated in that a mixture of egg yolk, 
egg white, and sugar had been substituted wholly or in part for egg yolk 
and sugar, which it purported to be.
It was alleged to be misbranded in that the statement "Yolks with approx. 
10% Sugar" was false and misleading and tended to deceive and mislead the 
purchaser when applied to an article that contained excess egg white.
On July 1, 1937, the Highway Butter & Egg Co., Inc., claimant, having ad- 
mitted the allegations of the libel and having consented to the entry of a 
decree, judgment of condemnation was entered and the product was ordered 
released under bond conditioned that it be relabeled under the supervision of 
this Department.
HARRY L. BROWN, Acting Secretary of Agriculture.