13213. Misbranding- of potatoes.     TJ.  S. v. 260  Sacks  of Potatoes.     Consent
decree of condemnation and forfeiture. Product released under 
bond.     (F. & D. No. 19069.    I. S. No. 13768-v.    S. No. E-4992.)
On October 17, 1924, the United States attorney for the District of Co- 
lumbia, acting upon a report by the Secretary of Agriculture, filed in the 
Supreme Court of the district aforesaid, holding a district court, a libel pray- 
ing the seizure and condemnation of 260 sacks of potatoes, remaining in the 
original unbroken packages at Washington, D. C, alleging that the article was 
being sold and offered for sale by N. J. Ward & Co., in the District of Columbia, 
and charging misbranding in violation of the food and drugs act. The article 
was labeled in part: " Michigan Potato Growers Exchange Net Weight When 
Packed 150 Lbs. U. S. Grade No. 1."
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 October 20, 1924, N. J. Ward, Washington, D. C, having appeared as 
claimant for the property 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 $300, 
in conformity with section 10 of the act.
R. W. DUNLAP, Acting Secretary of Agriculture.