19305. Misbranding of potatoes.    U.  S. v. 360 Sacks  of Potatoes.     Consent
decree  of condemnation and forfeiture.    Product released under 
bond.     (F. & D. No. 27356.    I. S. No. 47294.    S. No. 5559.)
Samples of potatoes from the shipment herein described having been found 
to be below U. S. Grade No. 1, the standard declared on the label, the Secre- 
tary of Agriculture reported the matter to the United States attorney for the 
Southern District of Ohio.
On December 10, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of 360 sacks of potatoes, remaining in the original unbroken 
packages at Dayton, Ohio, alleging that the article had been shipped by Leon- 
ard, Crosset & Riley, Greenville, Mich., from subsides, Mich., on or about 
November 30, 1931, and had been transported from the State of Michigan into 
the State of Ohio, and charging misbranding in violation of the food and 
drugs act. The article was labeled in part: (Tag) " U. S. Grade Number 1 
Good Luck Brand Michigan Potatoes."
It was alleged in the libel that the article was misbranded in that it was 
labeled, " U. S. Grade Number 1," which label was false and misleading and 
deceived and misled the purchaser, since it represented that the article was1 
of the standard established in official United States Grade No. 1 for potatoes, 
whereas it was not, but was of a lower standard and grade.
On December 17, 1931, Leonard, Crosset & Riley (Inc.), Greenville, Mich., 
claimant, having admitted the allegations of the libel 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 costs and the execution of a bond in the sum of 
$500, conditioned in part that the statement, *' U. S. No. 1," be stricken from 
the label, and the word " Unclassified," placed on the tag in lieu thereof, and 
that it should not be sold or otherwise disposed of contrary to the law, State 
and Federal.
ARTHUR M. HYDE, Secretary of Agriculture.