14818. Misbranding of  potatoes.     U.   S.   v.   353   Sacks,   et   al.,   of  Potatoes.
Consent decrees of condemnation and forfeiture. Produet re- 
leased under bond. (F. & D. Nos. 21446, 21455, 21456. I. S. Nos. 603-x, 
12644-x, 12645-x.    S. Nos. W-2053, W-2055, W-2056.)
On December 8, 15, and 16, 1926, respectively, the United States attorney for 
the Northern District of California, acting upon reports by the Secretary of 
Agriculture, filed in the District Court of the United States for said district 
libels praying seizure and condemnation of 1,043 sacks of potatoes, remaining 
in the original unbroken packages at Stockton, Calif., alleging that the article 
had been shipped by the Frawley-Clark Co.. in part from Woodland, Wash., 
and in part from Vancouver, Wash., in various consignments on the respective 
dates of November 2 and December 1. 1926, and transported from the State of 
Washington into the State of California, and charging misbranding in viola- 
tion of the food and drugs act. The article was labeled in part: " Blue 
Diamond Brand F C Co.. Northern Grown U. S. No. 1 Burbanks Brawley 
Clark Co., Inc., Portland, Ore."
It was alleged in the libel that the article was misbranded. in that the 
statement " U. S. No. 1," borne on the label, was false and misleading and 
deceived and misled the purchaser.
On December 18, 1926. the Frawley-Clark Co., Inc., Portland, Oreg., having 
appeared as claimant for the property and having consented to the entry of a 
decree, 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 totaling 
$1,900, conditioned in part that it be made to conform with the provisions of 
the law under the direction of this department.
W. M. JARDINE, Secretary of Agriculture.
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