12181. Misbranding:   of   potatoes.    TJ.    S.   v.    Charles    Heehtman.    Plea   of
guilty.    Fine, $30.     (F. & D. No. 16418.    I. S. Nos. 320-t, 321-t.)
At the July, 1923, term of the United States District Court within and 
for the District of Minnesota, the United States attorney for said district, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
aforesaid an information against Charles Heehtman, Genola, Minn., alleging 
shipment by said defendant in violation of the Food and Drugs Act, as amended, 
in two consignments, namely, on or about August 1 and September 2, 1921, 
respectively, from the State of Minnesota into the State of Wisconsin, of 
quantities of potatoes which were misbranded. The consignment of August 1 
was labeled in part: "150 Lbs. Potatoes weighed into this sack." The re- 
maining consignment was unlabeled.
Examination by the Bureau of Chemistry of this department of 10 sacks 
from the consignment of August 1 showed that the average net weight of the 
contents of the said sacks was 138 pounds.
Misbranding was alleged with respect to the product consigned August 1 
for the reason that the statement, to wit, " 150 Lbs.," borne on the tags 
attached to the sacks containing the article, was false and misleading, in 
that it represented that each of said sacks contained 150 pounds of the said 
article, and for the further reason that the article was labeled as aforesaid 
so as to deceive and mislead the purchaser into the belief that each of said 
sacks  contained 150 pounds of the article, whereas,  in truth and in fact,
each of said sacks did not contain 150 pounds of the article hut did contain 
a less amount. Misbranding was alleged with respect to both consignments 
of the product for the reason that it was food in package form and the 
quantity of the contents was not plainly and conspicuously marked on the 
outside of the package.
On December 19, 1923, the defendant entered a plea of guilty to the in- 
formation, and the court imposed a fine of $30.
HOWARD  M.  GORE, Acting Secretary of Agriculture.