27022. Adulteration and misbranding of potatoes.     IT. S. v. 360 Sacks of Pota¬
toes.     Product released under bond to be relabeled.     (F. & D. no. 39137. 
Sample nos. 35527-C, 35528-C.)
These potatoes were below the grade declared on the label.
On February 24, 1937, the United States attorney for the Eastern District of 
Missouri, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 360 sacks of potatoes 
at St. Louis, Mo., alleging that they had been shipped in interstate commerce 
on or about February 15, 1937,,by Joe (Joseph L.) Bushman from Galloway, 
Wis., and charging adulteration and misbranding in violation of the Food and
Drugs Act. The article was labeled in part: "North Star [or "Northland"] 
U. S. Grade No. 1    *    *    *    Joseph L. Bushman, Galloway, Wis."
It was alleged to be adulterated in that potatoes below U. S. Grade No. 1 
had been substituted for U. S. Grade No. 1 potatoes, which the article pur- 
ported to be.
The article was alleged to be misbranded in that the statement "U. S. Grade 
No. 1" borne on the label was false and misleading and tended to deceive and 
mislead the purchaser when applied to an article below U. S. Grade No. 1.
On February 26, 1937, Joseph L. Bushman, claimant, having admitted the 
allegations of the libel, judgment was entered ordering that the product be 
released under bond for relabeling.
W. R. GREGG, Acting Secretary of Agriculture.