30653. Adulteration and misbranding of frozen egg yolks, and misbranding of
frozen whole eggs.    U. S. v. Wye & Nissen, Inc.    Plea of guilty.    Fine, 
$60.    (F. & D. No. 42693.    Sample Nos. 18133-D, 18134-D.)
Samples of the frozen egg yolks were found to contain excessive whites and 
undeclared added sugar. Samples of the frozen whole eggs were found to 
contain undeclared added sugar.
On March 30, 1939, the United States attorney for the Northern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Nye & Nissen, Inc., San Francisco, Calif., 
alleging shipment by said defendant in violation of the Food and Drugs Act 
on May 13, 1938, from the State of California into the Territory of Hawaii, of 
quantities of frozen egg yolks that were adulterated and misbranded and frozen 
whole eggs that were misbranded.
The frozen egg yolks were alleged to be adulterated in that substances, 
namely, egg yolk, egg whites, and sugar, had been substituted for a product 
consisting of egg yolk, which the article purported to be. Misbranding of the 
frozen egg yolks was alleged in that the statement "Yolks," borne on the cans, 
was false and misleading since it represented that the article consisted of egg 
yolk; whereas it did not consist of egg yolk, but did consist in part of excessive 
egg whites and added sugar; and said statement was borne on the cans so as 
to deceive and mislead the purchaser.
The frozen whole eggs were alleged to be misbranded in that the statement 
"Whole," borne on the cans, was false and misleading since it represented that 
the article consisted entirely of whole eggs; whereas it did not consist of whole 
eggs, but did consist in part of added sugar; and said statement was borne 
on the cans so as to deceive and mislead the purchaser.
On May 15, 1939, a plea of guilty having been entered on behalf of the 
defendant, the court imposed a fine of $60.
HABBY L. BROWN, Acting Secretary of Agriculture.