28575. Adulteration and misbranding of potatoes.    U. S. v. 400 Sacks of Pota.
toes. Default decree of condemnation. Product delivered to a chari- 
table institution.     (F. & D. No. 41434.    Sample No. 883-D.)
This product was below the grade declared on the label because of serious 
damage by net necrosis.
On January 14, 1938, 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 sacks of potatoes 
at Boston, Mass., alleging that the article had been shipped in interstate com- 
merce on or about January 7, 1938, by W. C. Hand from Oakfleld, Maine, and 
charging adulteration and misbranding in violation of the Food and Drugs 
Act. The article was labeled in part: "U. S. Grade No. 1 * * * Packed 
by W. C. Hand, New Limerick, Maine."
It was alleged to be adulterated in that it consisted wholly or in part of a 
decomposed vegetable substance.
It was alleged to be misbranded in that the statement "U. S. Grade No. 1" 
was false and misleading and tended to deceive and mislead the purchaser when 
applied to potatoes below U. S. Grade No. 1.
On January 31, 1938, no claimant having appeared, judgment of condemna- 
tion was entered and it was ordered that the product be delivered to a charitable 
institution in order that the potatoes which were not decomposed might be made 
use of by such institution.
W. R. GBEGG, Acting Secretary of Agriculture.