22250. Adulteration   and misbranding of   potatoes.      IT.   S.   v.   360   Sacks
of Potatoes. Consent decree of condemnation and forfeiture. 
Product released under bond for relabeling. (F. & D. no. 32554. 
Sample no. 64402-A.)
This case involved an interstate shipment of potatoes represented to be 
United States grade No. 1, but which were found to contain excessive grade 
defects.
On April 18, 1934, 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 360 sacks of potatoes 
at Lafayette, Ind., alleging that the article had been shipped in interstate 
commerce on or about April 4, 1934, by Diereks & Son, from Custer, Wis.,
to Chicago, Ill., and subsequently re-consigned to Lafayette, Ind., and charg- 
ing adulteration and misbranding in violation of the Food and Drugs Act. 
The article was labeled in part: '"Wise. Potatoes United States Grade 
No. 1   *    *    *   Diercks & Sons, Antigo, Wisconsin."
It was alleged in the libel that the article was adulterated in that potatoes 
below the grade indicated on the label had been substituted in whole or in 
part for the article described on the label.
Misbranding was alleged for the reason that the statement on the label, 
" United States Grade No. 1", was false and misleading and tended to deceive 
and mislead the purchaser.
On April 23, 1934, Diercks, Huxtable & Baldwin, Chicago, Ill., claimant, 
having admitted the allegations of the libel and having consented to the entry 
of a decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the claimant upon payment 
of costs and the execution of a bond in the sum of $500, conditioned that it be 
relabeled under the supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.