15438. Alleged adulteration and misbranding of potatoes.   U. S. v. Abe Kasviner. 
Plea of not guilty.   Tried to the jury.   Verdict of not guilty.   (F. D. C.
No. 23566.   Sample Nos. 44379-H, 71509-H.)
INFORMATION FILED:   On or about September 18, 1947, District of Nevada,
against Abe Kasviner, Reno, Nev. 
ALLEGED SHIPMENT :    On or about February 14 and April 5,1947, from the State
of Nevada into the State of California.
LABEL IN PART: (One shipment) "U. S. No. 1 Famous K Brand Russets." 
The other shipment was unlabeled.
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product in one 
shipment consisted in part of a filthy substance by reason of the presence of 
nematodes.
Misbranding, Section 403 (a), the statement "U. S. No. 1" displayed upon 
the label of the remaining shipment was false and misleading. The state- 
ment represented and created the impression that the article was U. S. No. 1 
grade, whereas it was not U. S. No. 1 grade since the article had been damaged 
by nematodes.
trial before the court and jury on January 26,1948. On January 29,1948, the 
jury returned a verdict of not guilty.
TOMATOES AND TOMATO PRODUCTS