13125. Misbranding of potatoes. V. S. v. 260 Sacks of Potatoes. Decree of 
condemnation and forfeiture. Product released under bond to be 
relabeled.     (F. & D. No. 19373.    I. S. No. 19939-v.    S. No. C-4565.)
On December 9, 1924, the United States attorney for the Eastern District 
of Louisiana, 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 condemnation of 260 sacks of potatoes, remaining in the original unbroken 
packages at New Orleans, La., alleging that the article had been shipped by the 
Boyne City Cooperative Assoc, Boyne Falls, Mich., on or about November 21, 
1924, and transported from the State of Michigan into the State of Louisiana, 
and charging misbranding in violation of the food and drugs act. The article 
was labeled in part:  (Sack) " U. S. No. 1."
Misbranding of the article was alleged in the libel for the reason that the 
statement " Potatoes U. S. No. 1" was false and misleading and deceived and 
misled the purchaser.
On January 28, 1925, the Michigan Potato Growers Exchange. Cadillac, 
Mich., having appeared as cMmant for the property and having admitted the 
allegations of the libel, judgment of condemnation was entered, and it was 
ordered by the court that the product be released to said claimant upon pay- 
ment of the costs of the proceedings and the execution of a bond in the sum 
of $200, in conformity with section 10 of the act, conditioned in part that the 
statement " U. S. No. 1 " be obliterated from the labels, and the statement 
' Potatoes Containing 23% hollow hearts and other blemishes " be added thereto.
R. W. DUNXAP, Acting Secretary of Agriculture.