13078. Misbranding- of potatoes.    U.  S. v. 240 Sacks of Potatoes.     Consent
decree of condemnation and forfeiture. Product released under 
bond to be relabeled. (F. & D. No. 19538. I. S. No. 19099-v. S. No. 
C-4624.)
On January 27, 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, at Chicago, Ill., alleging that the 
article had been shipped by J. R. Beggs & Co., from Dallas, Wis., January 
17, 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: (Sack) " U. S. Grade No. 1 Potatoes."
Misbranding of the article was alleged in the libel for the reason that the 
statement in the labeling " United States Grade No. 1" was false and mis- 
leading and deceived and misled the purchaser, since the said article did not 
meet the requirements of United States Grade No. 1 potatoes.
On January 28, 1925, Bacon Bros., Chicago, Ill., claimants, having admitted 
the allegations of the libel and having consented to the entry of a decree, judg- 
ment 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 it be relabeled 
by eliminating the words " U. S. Grade No. 1" from the sacks under the super- 
vision of this department.
R. W. DTOLAP, Acting Secretary of Agriculture.