22575. Misbranding of potatoes. II. S. v. 170 Sacks of Potatoes. Decree 
of condemnation and forfeiture. Product released under bond to 
be re-sacked or relabeled.     (F. & D. no. 30571.    Sample no. 46462-A.)
Sacks of potatoes taken from the shipment involved in this case were found 
to contain less than 100 pounds, the labeled weight.
On June 8, 1933, the United States attorney for the District of Minnesota, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 170 sacks of potatoes at Minne- 
apolis, Minn., consigned by L. Markman, alleging that the article had been 
shipped in interstate commerce, on or about May 29, 1933, from Lockport, La., 
and charging misbranding in violation of the Food and Drugs Act as amended. 
The article was labeled in part: " Unclassified Selected Potatoes 100 Pounds 
When Packed Markman Produce Co., Des Moines, Iowa."
It was alleged in the libel that the article was misbranded in that the state- 
ment, " One Hundred Pounds when packed", was false and misleading and 
deceived and misled the purchaser. Misbranding was alleged for the further 
reason that the article was food in package form and the quantity of the con- 
tents was not plainly and conspicuously marked on the outside of the package, 
since the statement made was not correct.
On June 10, 1933, a claim having been filed for the property, and the court 
having found that the product could be lawfully sold if re-sacked to the declared 
weight, judgment of condemnation and forfeiture was entered, and it was 
ordered that the product be released to the claimant upon payment of costs 
and the execution of a bond in the sum of $250, conditioned that it be disposed , 
of only in conformity with the Federal Food and Drugs Act and all other laws.
M. L. WILSON, Acting Secretary of Agriculture.