13124. Misbranding of potatoes.    U. S. v. 240 Sacks of Potatoes.    Decree of
condemnation and forfeiture.     Product released under bond to be 
relabeled.     (F. & D. No. 1Q546.    I. S. No. 22693-v.    S. No. C-4625.)
On January 29, 1925, the United States attorney for the Eastern District of 
Louisiana, 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 New Orleans, La., alleging that the article had been shipped by 
the A. M. Henney Co., from Scandinavia, Wis., on or about January 7, 1925, 
and transported frqm the State of Wisconsin into the State of, Louisiana, and 
charging misbranding in violation of the food and drugs act. The article was 
labeled in part: (Tag) " U. S. Grade No. 1 Potatoes."'
Misbranding of the article was alleged in the libel for the reason that the 
statement " U. S. Grade No. 1" was false and misleading and deceived and 
misled the purchaser.
On January 31, 1925, George W. Davison, New Orleans, La., having appeared 
as claimant for the property and having admitted the allegations of the libel, 
judgment of condemnation 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 $100, in conformity with 
section 10 of the act, conditioned in part that it be relabeled by obliterating 
the statement " U. S. No. 1 " and adding the statement " Potatoes Containing 
35% Hollow Hearts and Other Blemishes."
R. W. DUNLAP, Acting Secretary of Agriculture.