29061. Misbranding of potatoes.     TJ.  S.  v. 400  Sacks  of Potatoes.     Decree  of
condemnation.    Product released under bond to be relabeled.     (F. & D.
No. 42365.    Sample No. 16S15-D.)
This product was below U. S. grade No. 1 because of excessive grade defects.
On May 11, 1938, the United States attorney for the Eastern District of 
Pennsylvania, 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 Philadelphia, Pa.; alleging that the article had been shipped in 
interstate commerce on or about May 5, 1938, from Dover-Foxcroft, Maine, by 
W. H. Martin, of Bangor, Maine; and charging misbranding in violation of 
the Food and Drugs Act.
The article 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 May 11, 1938. Wm. A. Scarlett & Co., Philadelphia, Pa., having appeared 
as claimant, judgment of condemnation was entered and it was ordered that 
the product be released under bond conditioned that it be relabeled.
HABBT L. BROWN, Acting Secretary of Agriculture.