11086. Adulteration and misbranding; of potatoes. U. S. v. 200 Sacks of?
Potatoes. Consent decree of condemnation and forfeiture. Prod??
uct   released   under   bond.     (F.   &   D.   No.   16515.    I.   S.   No.   1222-v.
S. No. B-4174.)
On September 6, 1922, the United States attorney for the District of Columbia,?
acting upon a report by the Secretary of Agriculture, filed in the Supreme?
Court of the District aforesaid, holding a district court, a libel for the seizure?
and condemnation of 200 sacks of potatoes, remaining in the original unbroken?
packages at Washington, D. C, alleging that the article had been shipped by?
Chamberlin & Barclay, Hightstown, N. J., on or about August 29, 1922, and?
transported from the State of New Jersey into the District of Columbia, and?
?charging adulteration and misbranding in violation of the Food and Drugs Act.?
The article was labeled in part: " U. S. Grade No. 1, C & B 150 Lbs. Net When?
Packed Chamberlin & Barclay, Hightstown, N. J.?Cranbury, N. J."
Adulteration of the article was alleged in the libel for the reason that a sub??
stance, to wit, potatoes of a lower grade than that designated in the label, had?
been mixed and packed therewith so as to reduce and lower and injuriously?
affect its quality and had been substituted in part for Grade No. 1 potatoes,?
which the said article purported to be.
Misbranding was alleged for the reason that the sacks containing the article?
bore a statement regarding the said article and the ingredients and substances?
contained therein, to wit, " U. S. Grade No. 1," which was false and misleading?
and deceived and misled the purchaser, in that the said statement represented?
that the article conformed to the requirements of the United States Government?
for Grade No. 1 potatoes, whereas, in truth and in fact, it contained an excessive?
amount of potatoes showing blemishes such as deep-pitted scab, cuts, and sun??
burn.
On September 18, 1922, F. D. Parrish, Washington, D. C., claimant, having?
admitted the allegations of the libel and consented to the entry of a decree,
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[Supplement 152,.
judgment of condemnation and forfeiture was entered, and it was ordered by?
the court that the product be released to the said claimant upon payment of the?
costs of the proceedings and the deposit of $500 in cash or the execution of a?
bond in the sum of $500, conditioned that the product should not be sold or?
otherwise disposed of contrary to the provisions of the said act.
C. F. MABVIN, Acting Secretary of Agriculture.