13057. Misbranding: of potatoes.    U.  S. v. 240 Sacks of Potatoes.     Consent
decree of condemnation and forfeiture. Product released under 
bond.     (F. & D. No. 19535.    I. S. No. 19098-v.    S. No. C-4621.)
' On January 23, 1925, the United States attorney for the Northern District 
of'Illinois, 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 240 sacks of potatoes,, remaining in the original unbroken 
packages at Chicago, Ill., alleging that the article had been shipped by J. R. 
Beggs & Co., from Dallas, Wis., January 15, 1925, and transported from the 
State of Wisconsin into the State of Illinois, and charging misbranding in 
violation of the food and drugs act. The article was labeled in part: " U. S. 
Grade No. 1."
Misbranding of the article was alleged in the libel for the reason that the 
statement " United States Grade No. 1," appearing in the labeling, was false 
and misleading and deceived and misled the purchaser, since the product did 
not meet the requirements of United States Grade No. 1 potatoes.
On January 24, 1925, Bacon Bros., Chicago, Ill., claimants, having admitted 
the allegations of the libel and having consented to the entry of a decree, 
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 $1,000, 
in conformity with section 10 of the act, conditioned in part that the words 
" U. S. Grade No. 1" be eliminated from the labels under the supervision of 
this department.
R. W. DUNLAP, Acting Secretary of Agriculture.