21055. Misbranding of potatoes.    IT. S. -v. 200 Sacks  of Potatoes.    Product
released under bond to be relabeled.     (F. & D. no. 30479.    Sample no, 
35616-A.)
This case involved a shipment of potatoes, sample sacks of which were 
found to contain less than 100 pounds, the declared weight.
On May 19, 1933, the United States attorney for the District of Nebraska, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 200 sacks of potatoes at Beatrice, 
Nebr., alleging that the article had been shipped in interstate commerce, on or 
about May 12, 1933, by Emil (Erwin) Wiederstein, from Convict Camp 
Switch, Tex., and charging misbranding in violation of the Food and Drugs 
Act as amended. The article was labeled in part: "Texas New Potatoes, 100 
lbs. net weight when packed."
It was alleged in the libel that the article was misbranded in that the state- 
ment, " 100 lbs. net weight", was false and misleading and deceived and 
misled the purchaser. Misbranding was alleged for the further reason that 
the article was food in package form and was not plainly and conspicuously 
marked on the outside of the package in terms of weight.
On May 31, 1933,Erwin Wiederstein, having appeared as claimant for the 
property and having consented to the entry of a decree of condemnation' and 
forfeiture, judgment was entered adjudging the product misbranded and order- 
ing that it be released to the claimant upon payment of costs and the execu- 
tion of a bond in the sum of $900, conditioned that it be relabeled to show 
the true weight or repacked to the declared weight.
M. L. WILSON, Acting Secretary of Agriculture.