10918.?Adulteration and misbranding of potatoes.     U. S. v. 19 Sacks of Po?
tatoes.     Default decree of condemnation, forfeiture, and destruc??
tion.     (F. & D. No. 16810.    I. S. No. 2554-v.    S. No. E-4178.)
On September 13, 1922, the United States attorney for the Eastern District of?
Pennsylvania, acting upon a report by the Secretary of Agriculture, Hied in the?
District Court of the United States for said district a libel for the seizure and?
condemnation of 19 sacks of potatoes remaining in the original unbroken pack??
ages at Philadelphia, Pa., consigned by Grover Bros., Hightstown, N. J., alleging?
that the article had been shipped from Hightstown, N. J., on or about September?
2, 1922, and transported from the State of New Jersey into the State of Pennsyl??
vania, and charging adulteration and misbranding in violation of the Food and?
Drugs Act. The article was labeled in part: " Grover Brothers, Hightstown.?
N. J., U. S. Grade No. 1."
Adulteration of the article was alleged in the libel for the reason that potatoes?
of a lower grade than that designated had been mixed and packed with and sub??
stituted wholly or in part for the said article.
Misbranding was alleged in substance for the reason that the sacks contain??
ing the article bore the following statement, " U. S. Grade No. 1 Potatoes," re??
garding the said article, which was false and misleading in that the said sacks?
did not in fact contain U. S. Grade No. 1 potatoes.
On October 2, 1922, no claimant having appeared for the property, judgment?
of condemnation and forfeiture was entered, and it was ordered by the court?
that the product be destroyed by the United States marshal.
G. W. PUGSIJEY, Acting Secretary of Agriculture.