4987. Adulteration and misbranding of frozen egg yolks with added sugar.    U. S. v. Mar¬
shall  Kirby   Co.    Plea   of   guilty.     Fine,  $100.     (F.   D.   C.   No.   8812.     Sample   Nos. 
31373-E, 31377-E.)
On February 11, 1943, the United States attorney for the Southern District of 
Indiana filed an information against Marshall Kirby & Co., a corporation, at Terre 
Haute, Ind., alleging shipment on or about May 10, 1941, from the State of Indiana 
into the State of Michigan of a quantity of adulterated and misbranded frozen egg 
yolks with added sugar.
The article was alleged to be adulterated in that a substance consisting of egg 
yolks, added egg white, and approximately 10 percent of sugar had been substituted 
for egg yolks with approximately 10 percent of sugar added, which "it was repre- 
sented to be.
It was alleged to be misbranded in that the statement, "Frozen Egg Yolks with 
approx. 10% Sugar added." appearing on the label, was false and misleading as ap- 
plied to a product consisting of a mixture of egg yolks and added egg white with 
approximately 10 percent of sugar added.
On June 5, i943, a plea of guilty having been entered on behalf of the defendant, 
the court imposed a fine of $100.