26010. Adulteration and misbranding of potatoes. IT. S. v. 400 Sacks of Potatoes. Default decree of condemnation. Product sold at public sale. (F. & D. no. 37316. Sample no. 65637-B.) This case involved an interstate shipment of potatoes which were inferior to the grade represented. On March 5, 1936, the United States attorney for the District of Massachu- setts, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 400 sacks of potatoes at Boston, Mass., alleging that the article had been shipped in interstate commerce on or about February 24, 1936, by the Aroostook Production Credit Association, from Masardis, Maine, and that it was adulterated in violation of the Food and Drugs Act. The article was labeled: (Stenciled on the sacks) "Leader Brand Aroostook County Maine Potatoes 100 lbs. Net"; (tag on sacks) "Maine Potatoes Grade U. S. No. 2 Packed by National Fruit and 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 wholly or in part for U. S. grade No. 2 potatoes, which the article purported to be. The article was alleged to be misbranded in that the statement on the tags, "Grade- U. S. No. 2", was false and mislead- ing and tended to deceive and mislead the purchaser when applied to potatoes below U. S. grade No. 2. On April 6, 1936, no claimant having appeared, and the product being perish- able and having been sold at public sale and the proceeds paid into the registry of the court to await the final outcome of the proceeding, pursuant to an order of the court, judgment of forfeiture of said proceeds was entered and it was ordered that the same be paid into the Treasury of the United States. W. R. GREGG, Acting Secretary of Agriculture.