19539. Misbranding of potatoes.    U.  S. v. 240  Sacks  of Potatoes.     Consent 
decree of condemnation.     Product released under bond.     (F. & D.
No. 27354.    I. S. No. 47751.    S. No. 5560.)
Examination of the shipment of potatoes involved in this action, which 
were labeled U. S. Grade No. 1, showed that the article was below grade, 
since it contained about 20 per cent of grade defects consisting of sunburn, 
dry-rot, cuts, second growth, growth cracks, and pitted, scabby, misshapen 
potatoes.
On December 10, 1931, the United States attorney for the Western District 
of Kentucky, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for the district aforesaid a libel pray- 
ing seizure and condemnation of 240 sacks of potatoes, remaining in the origi- 
nal packages at Owensboro, Ky., alleging that the article had been shipped 
by Leonard, Crosset & Riley, Greenville, Mich., November 27, 1931, and had 
been transported from the State of Michigan into the State of Kentucky, and 
charging misbranding in violation of the food and drugs act. The article was 
labeled in part: " U. S. Grade No. 1.   Good Luck Michigan Potatoes."
It was alleged in the libel that the article was misbranded in that the 
statement " U. S. Grade No. 1" was false and misleading and deceived and 
misled the purchaser, since the said statement represented that the article 
complied with the standard established as the official United States Grade 
No. 1 for potatoes, whereas it was of a lower standard and grade.
On January 11, 1932, the Smith & Clark Co., Owensboro, Ky., having 
appeared as claimant for the property and having consented to the entry of 
a decree, judgment was entered finding the product adulterated in violation 
of section 8, paragraphs 2 and 4 of the act. (The word adulterated appar- 
ently was used inadvertently, since section 8 of the act defines misbranding.) 
The decree ordered that the product be condemned, and further ordered that 
it be released to the said claimant upon the execution of a bond in the sum 
of $500, conditioned that it be relabeled as " U. S. Grade—Unclassified," that 
it should not be sold or otherwise disposed of contrary to the provisions of the 
Federal food and drugs act or other existing laws, and that claimant pay 
costs of the proceedings.
ABTHXJB M. HYDE, Secretary of Agriculture.