12441. Adulteration and misbranding of potatoes. TT. S. v. 19 Hampers 
of   Potatoes.     Default   decree    ordering   destruction    of   product.
(F. & D. No. 17481.    I. S. No. 5467-v.    S. No. C-3971.)
On April 30, 1923, the United States attorney for the District of Minnesota, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for said district a libel praying the seizure and con- 
demnation of 19 hampers of potatoes remaining in the original unbroken pack- 
ages at Minneapolis, Minn., alleging that the article had been shipped by the 
Hi-Ball Celery & Vegetable Co., Chicago, Ill., April 21, 1923, and transported 
from the State of Illinois into the State of Minnesota, and charging adultera- 
tion and misbranding in violation of the food and drugs act as amended. The 
article was labeled in part: "From Hi-Ball C. & V. Co. Chicago," and was 
invoiced, "20 Hprs New Potatoes."
Adulteration of the article was alleged in the libel for the reason that old 
potatoes had been substituted wholly or in part for new potatoes, which the 
article purported to be.
Misbranding was alleged for the reason that the article was offered for sale 
under the distinctive name of another article, and for the further reason that 
it was in package form and the quantity of the contents was not plainly and 
?conspicuously marked on the outside of the package.
On July 16, 1923, no claimant having appeared for the property and the 
United States attorney having filed an affidavit to the effect that the product 
was decomposed, it was ordered by the court that the said product be destroyed 
by the United States marshal.
HOWARD M. GORE, Secretary of Agriculture.