21053. Misbranding of potatoes. 17. S. v. 255 Sacks of Potatoes. Decree ordering product destroyed unless properly relabeled. (F. & D. no. 30507. Sample no. 39002-A.) This case involved a shipment of potatoes, sample sacks of which contained less than 100 pounds, the declared weight. On May 24, 1933, the United States attorney for the Western District of Missouri, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 255 sacks of potatoes at Kansas City, Mo., alleging that the article had been shipped in interstate commerce on or about May 18, 1933, by the Terrebonne Cooperative Association, from Houma, La., and charging misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: " Louisiana Triumphs, 100 lbs. net when packed Houma Brand, Grown and packed by Terrebonne Cooperative Association, Houma, La." It was alleged in the libel that the article was misbranded in that the state- ment on the label, "100 lbs. net", was false and misleading and deceived and misled the purchaser, and for the further reason that the article was in pack- age form and the quantity of the contents was not plainly and conspicuously marked on the outside of the package, since the statement made was incorrect. On May 26,1933, the Terrebonne Cooperative Association, Houma, La., having appeared as claimant for the property and having admitted the allegations of the libel, judgment was entered ordering that the property be destroyed un- less the claimant pay.costs of the proceedings, and file in court a statement within 10 days, signed by a representative of this Department, showing that the sacks had been relabeled to show the correct weight. M. L. WILSON, Acting Secretary of Agriculture.