30706. Adulteration of frozen whole eggs and misbranding of frozen egg yolks.
U. S. v. 18 Cans and 25 Cans of Frozen Whole Eggs and 12 Cans of 
Frozen Egg Yolks. Default decrees of condemnation and destruction 
with respect to frozen whole eggs. Consent decree of condemnation 
with respect to frozen egg yolks and product released under bond to 
be relabeled. (F. & D. Nos. 42446, 42447, 42888. Sample Nos. 18133-D, 
18134-D, 18137-D.)
The frozen whole eggs were in part decomposed, and the frozen egg yolks 
contained added sugar and an excessive amount of added egg white.
On May 19 and June 7, 1938, the United States attorney for the Territory of 
Hawaii, acting upon reports by the Secretary of Agriculture, filed in the district 
court two libels (May 19 libel amended July 21, 1938) praying seizure and 
condemnation of 43 cans of frozen whole eggs and 12 cans of frozen egg yolks 
at Honolulu, T. H., consigned by.Nye & Nissen; alleging that the articles had 
been shipped in interstate commerce on or about May 13 and 31, 1938, from 
San Francisco, Calif.; and charging adulteration in violation of the Food and 
Drugs Act.
The libels alleged that the whole eggs were adulterated in that they were filthy, 
decomposed, and putrid. The frozen egg yolks were alleged to be adulterated in 
that substantial quantities of egg white had been added and substituted wholly 
or in part for the article.
On January 3 and tf, 1939, no claim having been entered for the frozen whole 
eggs, judgments of condemnation were entered and the product was ordered 
destroyed. On January 25, 1939, Nye & Nissen, Inc., having filed a claim and 
answer admitting that the frozen egg yolks contained residual egg white and 
added sugar and consenting to the entry of a decree, judgment was entered find- 
ing the product misbranded and ordering that it be condemned, but that it might 
be released under bond conditioned that it be labeled: "Egg Yolks with Added 
Whites and Added Sugar." 
' 
HABRT-L. BROWN, Acting Secretary of Agriculture.