28624. Misbranding of  potatoes.     IT.   S.   v.   400   Sacks   of  Potatoes.     Consent
decree of condemnation and forfeiture. Property ordered released to 
claimant under bond for relabeling. (F. & D. No. 41697. Sample No. 
7904-D.)
These potatoes were below the grade represented on the label.
On February 14, 1938, the United States attorney for the Southern District 
of New York, 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 New York, N. Y., alleging that the article had been shipped in 
interstate commerce on or about February 7, 1938, by Adeiman & Gallupe from
Mars Hill, Maine, and charging misbranding in violation of the Food  and 
Drugs Act.
It was alleged to be misbranded in that the statement on the tag, "U. S. 
No. 1," was false and misleading and tended to deceive and mislead the pur- 
chaser when applied to potatoes below U. S. Grade No. 1.
On February 26, 1938, Adelman & Gallupe having appeared as claimant, ad- 
mitting the truth of the allegations and consenting, judgment of condemnation 
and forfeiture was entered, and it was ordered that the property be released 
under bond conditioned that it be relabeled: "Maine Potatoes Unclassified 100 
Lbs."
W. B. GBEGG, Acting Secretary of Agriculture.