27414. Adulteration and misbranding of potatoes.     IT. S. v. 360 Sacks of Pota¬
toes.    Product   released   under   bond  to   be   relabeled.     (F.   &   D.   no.
38499.    Sample no. 31709-C.)
These potatoes were below the grade declared on the label because of exces- 
sive grade defects.
On November 5, 1936, the United States attorney for the Southern District 
of Ohio, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 360 sacks of potatoes at 
Cincinnati, Ohio (consigned October 26, 1936, alleging that the article had 
been shipped in interstate commerce by the Wesco Foods Co., from Blanchard, 
Mich., and charging adulteration and misbranding in violation of the Food and 
Drugs Act. It was labeled in part: "Diamond A Brand U. S. No. 1 Grade 
Michigan Potatoes F. E. Baldwin Inc., Chicago, Illinois."
The article was alleged to be adulterated in that potatoes below U. S. grade 
No. 1 had been substituted wholly or in part for grade No. 1 potatoes, which 
it purported to be.
It was alleged to be misbranded in that the statement "U. S. No. 1 Grade", 
borne on the label, was false and misleading and tended to deceive and mislead 
the purchaser when applied to potatoes that were below U. S. No. 1 grade.
On November 7, 1936, the Wesco Foods Co., claimant, having admitted the 
allegations of the libel and consented to the entry of a decree, judgment was 
entered finding the product adulterated and misbranded and ordering that it 
be released under bond conditioned that it be relabeled.
M. L. WILSON, Acting Secretary of Agriculture.