28842. Misbranding of potatoes.    U. S. v. 40O Sacks of Potatoes.    Product re¬
leased under bond for segregation of good portion.  (F. & D. No. 41840. 
Sample No. 16806-D.)
These potatoes were represented to be U. S. grade No. 1, but fell below 
the standard established by this Department for that grade because of excessive 
defects.
On February 28, 1938, the United States attorney for the Northern District of 
Indiana, 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 
South Bend, Ind., alleging that the article had been shipped in interstate com- 
merce on or about February 18, 1938, from Heyburn, Idaho, by Wayne Newcomb 
of Rupert, Idaho, and charging misbranding in violation of the Food and Drugs 
Act.
The article was alleged to be misbranded in that the statement on the label, 
"U. S. No. 1," was false and misleading and tended to deceive and mislead the 
purchaser.
On March 4, 1938, Wayne Newcomb having appeared as claimant, the product 
was released under bond conditioned that the potatoes be re-sorted.
M. L. WILSON, Acting Secretary of Agriculture.