19546. Misbranding of  potatoes.     U.   S.  v.  360 Bags  of Potatoes.    Product
ordered released under bond  to be relabeled.     (F. & D. No.  27994, 
I. S. No. 32677.    S. No. 6046.)
This action involved the interstate shipment of a quantity of potatoes which 
were below the grade declared on the label.
On April 9, 1932, the United States attorney for the Western District of 
Missouri, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of 360 bags of potatoes at Kansas City, Mo., alleging 
that the article had been shipped in interstate commerce on or about April 1, 
1932, by the Utah Fruit & Vegetable Growers (Inc.), Salt Lake City, Utah, to 
Kansas City Mo., and charging misbranding in violation of the food and drugs 
act. A portion of the article was labeled in part: " Selected U. S. Number 
One Potatoes. Utah Fruit and Vegetable Growers Inc., Salt Lake City, Utah." 
The remainder was labeled in part: " Selected U. S. Number One Big M Brand 
Potatoes.   E. O. Muir and Company, Salt Lake City, Utah."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, " U. S. Number One," was false and misleading and deceived 
and misled the purchaser.
On April 14, 1932, the Utah Fruit & Vegetable Growers (Inc.), Salt Lake 
City, Utah, having appeared as claimant for the property, a decree was entered 
ordering that the product be released to the said claimant to be sorted, re-sacked,
and re-marked under the supervision of this department so as to conform in all 
respects to Government regulations; that claimant pay all costs of the pro- 
ceedings, and that the inedible portion be destroyed, or disposed of in accord- 
ance with the law.
HENRY A. WALLACE, Secretary of Agriculture.