28871. Misbranding of potatoes.   U. S. v. 360 Sacks of Potatoes.    Consent decree
of condemnation.    Product released under bond for removal of tags.
(F. & D. No. 42120.   Sample No. 16811-D.)
This product was represented to be U. S. Commercial grade but fell below that 
grade because of excessive defects.
On April 1, 1938, the United States attorney for the Northern District of Illi- 
nois, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 360 sacks of potatoes at 
Chicago, Ill., alleging that the article had been shipped in interstate commerce on 
or about March 26, 1938, from Rosholt, Wis., by Alois Firkus and charging mis- 
branding in violation of the Food and Drugs Act. The article was labeled in 
part: "Firkus Brand Alois Firkus, Stevens Point, Wisconsin."
The article was alleged to be misbranded in that the statement "U. S. Com- 
mercial" was false and misleading and tended to deceive and mislead the 
purchaser when applied to potatoes that were below U. S. Commercial grade.
On April 4, 1938, Alois Firkus, claimant, having consented to the entry of a 
¦decree, judgment of condemnation was entered and the product was ordered 
released under bond conditioned that its tags be removed.
M. L. WILSON, Acting Secretary of Agriculture.