21728. Misbranding of potatoes. U. S. v. 83 Sacks and 165 Sacks of Pota- 
toes. Default decree of condemnation and forfeiture. Product 
released under bond to be relabeled. (F. & D. no. 31630. Sample 
no. 59878-A.)
This case involved an interstate shipment of potatoes which were represented 
to be United States Grade No. 1 and which were found to be below grade 
because of excessive grade defects.
On or about November 28, 1933, the United States attorney for the Northern 
District of Illinois, acting upon a report by the Secretary of Agriculture, filed 
in the district court libels praying seizure and condemnation of 248 sacks of 
potatoes at Chicago, III., alleging that the article had been shipped in inter- 
state commerce on or about November 13, 1933, by B. V. Choznacky Co., from 
Jerome City, Idaho, and charging misbranding in violation of the Food and 
Drugs Act. The article was labeled in part: (Tag) " Selected U. S. No. 1 Idaho 
Grown Potatoes."
It was alleged in the libels that the article was misbranded in that the state- 
ment on the tag, " U. S. Number 1 **, was false and misleading and deceived and 
misled the purchaser.
On November 28, 1933, the two libels having been consolidated into one 
cause of action, and Diercks. Huxtable & Baldwin, Chicago, Ill., claimants, 
having admitted the allegations of the libels 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 claimants for 
relabeling under the supervision of this Department, upon payment of costs 
and the execution of a bond in the sum of $500, conditioned that it should not 
be sold or otherwise disposed of contrary to the Federal Food and Drugs Act 
and all other laws.
M. L. WILSON, Acting Secretary of Agriculture.