Newton Tea & Spice Co. v. United States

KNAPPEN, Circuit Judge.

Plaintiff in error was proceeded against by information for the violation of the misbranding provisions of the National Food and Drug Act (Act June 30, 1906, 34 Stat. 768, c. 3915, §§ 2 and 8; Comp. St. §§ 8718 and 8724). The article of food in question is an egg substitute called “Eggno,” whose principal ingredients and their relative proportions are commercial (imported) egg albumen and egg yolk, dried and pulverized (aggregating about 15 per cent.), powdered and evaporated skimmed milk, about 35 per cent, (as indicated by the government’s proofs, apparently much less…