28621. Misbranding of potatoes.    U. S. v. 200 Bags of Potatoes.    Consent decree
of condemnation.    Product released under bond for relabeling.    (F. & D.
No. 42161.    Sample No. 14173-D.)
This product was below the grade declared on the label.
On April 8, 1938, the United States attorney for the District of Massachusetts, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 200 bags of potatoes at Boston, 
Mass., alleging that the article had been shipped in interstate commerce on or 
about April 7, 1938, by B. J. Folsom from Harmony, Maine, and charging mis- 
branding in violation of the Food and Drugs Act.   The article was labeled in
part: "Maine Potatoes Grade U. S. No. 1   *   *   *   B. J. Folsom, Harmony, 
Me."
It was alleged to be misbranded in that the statement "U. S. 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 April 12, 1938, B. J. Folsom, claimant, having admitted the allegations of 
the libel, judgment of condemnation was entered, and the product was ordered 
released under bond conditioned that the potatoes be repacked and properly 
labeled.
W. R. GEEGQ, Acting Secretary of Agriculture.