2056. Adulteration and misbranding of potatoes.     IT. S. v. 255 Sacks of Potatoes.
Product ordered released under bond for relabeling or other lawful disk 
position.    (F. D. C. No. 369S.    Sample No. 32665-E.) 
This product was labeled U. S. No. 1 grade but contained grade defects in 
excess of the amount permissible in that grade.
On January 23, 1941, the United States attorney for the Southern District 
of Texas filed a libel against 255 sacks of potatoes at Houston, Tex., alleging 
that the article had been shipped in interstate commerce on or about January 
4, 1941, by V. L. Adams from Minden, Nev.; and charging that it was adulter- 
ated and misbranded. It was labeled in part: (Sack) "U. S. No. 1 Sound 
State Potatoes 100 Lbs. Net Weight."
The article was alleged to be adulterated in that potatoes below U. S. No. 
1 grade had been substituted in whole or in part for U. S. No. 1 potatoes. 
It was alleged to be misbranded in that the statement "U. S. No. 1" was 
false and misleading since it was incorrect.
On January 27, 1941, J. Craig Allen, claimant, having consented to the 
entry of a decree, judgment was entered ordering release of the product under 
bond conditioned that it be relabeled or disposed of otherwise in compliance 
with the law. It was relabeled by obliterating the statement "U. S. No. 1 
Sound State."