13127. Misbranding of potatoes.     V. S. v. 260 Sacks, et al.. of Potatoes.     De 
crees of condemnation and forfeiture. Product released under 
bond to be relabeled. (P. & D. Nos. 19372, 19374, 19375, 19385, 19404, 
19405. I. S. Nos. 19937-v, 19940-v, 19941-v, 19945-v, 22672-v, 22674-v. 
S. Nos. C-4564, C-4566, C-4567, C-4575, C-4581, C-4583.)
On December 9, 10, 16, and 19, 1924, respectively, the United States at- 
torney for the Eastern District of Louisiana, acting upon reports by the 
Secretary of Agriculture, filed in the District Court of the United States for 
said district libels pray'ng the seizure and condemnation of 1,560 sacks of 
potatoes, remaining in the original unbroken packages at New Orleans, La., 
alleging that the article had been shipped by the Michigan Potato Growers 
Exchange in various consignments, from Tustin, Falmouth, Edmore, and 
Ellswoith, Mich., respectively, between the dates of November 19 and De- 
cember 7, 1924, and transported from the State of Michigan into the State of 
Louisiana, and charging misbranding in violation of the food and drugs act. 
The article was labeled in part: (Sack) "Chief Petoskey Potatoes U. S. 
No. 1 * * * Distributed by Michigan Potato Growers Exchange, Cadil- 
lac, Mich."
Misbranding of the article was alleged in the libels for the reason that the 
statement " U. S. No. 1," borne on the sacks containing the article, was false 
and misleading and deceived and misled the purchaser.
On January 28, 1925, the Michigan Potato Growers Exchange, Cadillac, 
Mich., having appeared as claimant for the property and having admitted 
the allegations of the libels, judgments of condemnation and forfeiture were 
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 bonds in the aggregate sum of $1,200, in conformity with section 10 of the 
act, conditioned in part that it be relabeled "Potatoes Containing 33%" (or 
"24%," "20%," "21%," "25%," or "22%"), as the case might be, "Hollow 
Hearts and Other Blemishes," and that the statement " U. S. No. 1" be ob- 
literated from the said sacks.
R. W. DUNLAP, Acting Secretary of Agriculture.