## Facts

- The United States filed multiple in rem condemnation actions against several lots of pasteurized frozen whole eggs and sugar yolks produced by Golden Egg Products, Inc. and shipped in interstate commerce.
- The seized goods consisted of multiple coded or lot-numbered cans held in warehouses when seized.
- The government proceeded under FDCA § 304, 21 U.S.C. § 334, alleging the food was “adulterated” under 21 U.S.C. § 342.
- The primary theory was FDCA § 342(a)(4): the products were prepared, packed, or held under insanitary conditions whereby they may have become contaminated with filth or rendered injurious to health.
- The government relied on FDA inspections documenting deficiencies in sanitation and processing practices at the producer’s plant, along with laboratory and sensory testing of samples and expert testimony linking plant conditions to contamination risk.
- The claimants (the producer and distributors/owners) disputed the severity and significance of the cited conditions, emphasized that some testing results were acceptable, and argued condemnation required clearer proof that the specific seized lots were actually contaminated or unfit.

## Issues

1. Whether the seized lots were “adulterated” under 21 U.S.C. § 342(a)(4) because they were prepared, packed, or held under insanitary conditions whereby they may have become contaminated with filth or rendered injurious to health.
2. Whether condemnation under 21 U.S.C. § 334 requires proof of actual contamination or actual injury to health in the seized articles, as opposed to proof of a sufficient risk created by insanitary conditions.

## Decision

- The court held the lots were adulterated under 21 U.S.C. § 342(a)(4) and subject to condemnation under 21 U.S.C. § 334.
- The court concluded the FDCA’s language (“may have become contaminated” / “may have been rendered injurious”) does not require proof of actual contamination in each container or proof of actual harm.
- Based on the inspection findings and related evidence, the court found the production and handling conditions were sufficiently insanitary to create the statutory risk threshold.
- The court ordered condemnation and authorized disposition under § 334 (including destruction or other lawful disposition).

## Legal Principles

- FDCA § 342(a)(4) is satisfied by proof that food was prepared, packed, or held under insanitary conditions creating a reasonable possibility of contamination with filth or of being rendered injurious to health.
- Condemnation under § 342(a)(4) is preventive; the government need not prove actual contamination, universal contamination across all units, or actual injury to consumers.
- The FDCA is construed to protect public health; close questions are resolved in favor of preventing potentially unsafe food from entering commerce.
- Evidence of systemic sanitation failures in a processing environment can support condemnation of entire lots produced or held under those conditions.

## Conclusion

The court condemned multiple lots of frozen egg products because the government proved that the producer’s sanitation and handling conditions created a sufficient risk of contamination under FDCA § 342(a)(4), even without showing actual contamination or harm in each seized can.


United States v. 1,200 Cans, Pasteurized Whole Eggs, 339 F. Supp. 131 (N.D. Ga. 1972)