26001. Adulteration  and misbranding of potatoes.     Default  entered.     Product
sold and proceeds ordered forfeited. (F. & D. no. 87271. Sample no. 
43508-B).
This case involved shipment of potatoes that fell below the grade indicated 
on the label.
On February 28, 1936, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 400 bags of potatoes 
at Boston, Mass., alleging that the article had been shipped in interstate com- 
merce on or about February 19, 1936, by National Fruit & Vegetable Exchange, 
from Ashland, Maine, and charging adulteration and misbranding in violation 
of the Food and Drugs Act as amended. The article was labeled in part: 
"Maine Potatoes Grade U. S. No. 2, Packed by National Fruit & Vegetable 
Exchange, Inc., Presque Isle, Maine."
The article was alleged to be adulterated in that potatoes below U. S. 
grade No. 2 had been substituted in part for grade No. 2 potatoes.
The article was alleged to be misbranded in that the statement on the label, 
"Grade U. S. No. 2", was false and misleading and tended to deceive and mis- 
lead the purchaser when applied to potatoes below U. S. grade No. 2.
Due notice having been given and no claimant having appeared, the court 
ordered the product sold in view of the fact that it was perishable On April 
6, 1936, default was entered and the court ordered the proceeds of the sale 
forfeited.
W. R. GBEGO, Acting Secretary of Agriculture.