22778. Adulteration and misbranding of potatoes.     V. S. v. 2,400 Sacks  of
Potatoes. Default decree of condemnation and forfeiture. Prod- 
uct delivered to local hospital. (F. & D. no. 32485. Sample no. 
65061-A.)
This case involved a shipment of potatoes represented to be U. S. grade No. 
1, but which fell below the grade indicated on the label because of excessive 
grade defects.
On April 3, 1934, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 2,400 sacks of pota- 
toes at Chicago, Ill., alleging that the article had been shipped in interstate 
commerce on or about March 22, 1934. by the Shattuck Irrigating Co., from 
Idaho Falls, Idaho, and charging adulteration and misbranding in violation 
of the Food and Drugs Act. The article was labeled in part: " Selected U. S. 
Number One Idaho Russet Potatoes, Shattuck Brand Idaho Falls."
It was alleged in the libel that the article was adulterated in that potatoes 
below the grade indicated on the label had been substituted wholly or in part 
for the article.
Misbranding was alleged for the reason that the statement " U. S. Number 
One ", borne on the label, was false and misleading and deceived and misled 
the purchaser.
On June 27, 1934, no answer having been filed by the claimant, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be delivered to a local veterans' hospital.
M. L. WILSON, Acting Secretary of Agriculture.