11445.?Adulteration  and  misbranding'  of potatoes.     TT.  S.  v. 225   Sacks   of
Potatoes. Consent decree of condemnation and forfeiture. Prod-?
net released under bond. (F. & D. No. 16819. I. S. No. 8851-v. S. No.?
C-3804.)
On September 15, 1922, the United States attorney for the Northern District?
of Ohio, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district a libel praying the seizure?
and condemnation of 225 sacks of potatoes, remaining in the original unbroken?
packages at Akron, Ohio, alleging that the article had been shipped by the?
Jones-Howe Co., Hightstown, N. J., on or about September 5, 1922, and trans??
ported from the State of New Jersey into the State of Ohio, and charging adul??
teration and misbranding in violation of "the Food and Drugs Act. A portion?
of the article was labeled in part: " 150 Pounds Net U. S. Grade No. 1 Hutchin??
son and Rue, Windsor, New Jersey." The remainder of the said article was?
labeled in part: " U. S. Grade No. 1 C. & B. 150 Pounds Net When Packed?
Chamberlain and Barclay, Cranbury and Hightstown, New Jersey."
Adulteration of the article was alleged in the libel for the reason that po??
tatoes of lower grade than designated had been mixed and packed with and?
substituted wholly or in part for the said article.
Misbranding was alleged in substance for the reason that the statement,?
" U. S. Grade No. 1," borne on the sacks containing the article, was false and?
misleading and deceived and misled the purchaser.
On September 20, 1922, the Jones-Howe Co., Hightstown, N. J., claimant,?
having admitted the allegations of the libel, 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 execution of a bond in the sum of $500, in conformity with section 10 of?
the act.
C. F. MARVIN, Acting Secretary of Agriculture.