20239. Adulteration and Misbranding of potatoes. U.S. v. 300 Sacks of Potatoes. Product ordered released under bond to be relabeled. (F. & D. no. 28683. Sample no. 13409-A.) This action involved the interstate shipment of a quantity of potatoes which were below the grade declared, on the label. On August 16, 1932, the United States attorney for the Western District of Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the District Court of the United States for the district aforesaid a libel praying seizure and condemnation of 300 sacks of potatoes, remaining in the original unbroken packages at Pittsburgh, Pa., alleging that the article had been shipped in interstate commerce on or about August 13, 1932, by George Briggs & Son, from Cheshire, Ohio, to Pittsburgh, Pa., and charging adulteration and mis- branding in violation of the Food and Drugs Act. The article was labeled in part: (Sack) "Potatoes * * * No. 1 Grade Ohio River Cobblers, Cheshire Potato Growers, Cheshire, Ohio." It was alleged in the libel that the article was adulterated in that potatoes below the grade stated on the label had been substituted for the said article. Misbranding was alleged for the reason that the statement on the label, " Number One Grade ", was false and misleading and deceived and misled the purchaser; and for the further reason that the article was offered for sale under the distinctive name of another article. The George Lafbury Co., Pittsburgh, Pa., entered an appearance as agent for the Cheshire Potato Growers, Cheshire, Ohio, consented to the entry of a decree of condemnation and forfeiture, and petitioned for release of the product. On August 19, 1932, the court ordered the product released to the claimant for relabeling, upon the execution of a bond in the sum of $200. The relabeling of the product was effected by obliterating all reference to grade appearing on the sacks. R. G. TTJGWEILL, Acting Secretary of Agriculture.