20652. Adulteration  and  Misbranding of potatoes.     U.   S.  v.  240  Sacks  of
Potatoes.    Default decree of forfeiture and destruction.     (F. & X>.
no. 28348.    Sample no. 3099-A.)
This action involved a shipment of potatoes represented to be United States 
grade no. 1 which were found to be below the grade specified.
On May 25, 1932, the United States attorney for the Eastern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of 240 sacks of potatoes at Benton, Ill., alleging that 
the article had been shipped on or about May 14, 1932, by Chetek Equity Co- 
operative Produce Co., from Chetek, Wis., to Benton, Ill., and charging adultera- 
tion and misbranding in violation of the Food and Drugs Act. The article was 
labeled in part: " U. S. Grade Number 1."
It was alleged in the libel that the article was adulterated in that potatoes 
below the grade indicated on the label had been substituted wholly or in part 
for the article.
Misbranding of the article was alleged for the reason that the statement on 
the tag, " U. S. Grade Number 1", was false.
On January 31, 1933, no claimant having appeared for the property, judg- 
ment of forfeiture was entered and it was ordered by the court that the product 
be destroyed by the United States marshal.
R. G. TTJGWELL, Acting Secretary of Agriculture.