7318. Misbranding of potatoes.*   TJ. S. v. 300 Sacks of Potatoes.    Consent decree
of condemnation.    Product ordered released under bond to be resacked.
(F. D. C. No. 13385.    Sample No. 72928-F.)
LIBEL FILED:   August 28, 1944, Southern District of New York. 
ALLEGED SHIPMENT:    On or about August 7, 1944, by the United Produce Co., 
Holt, Calif.
PRODUCT:   300 sacks of potatoes at New York, N. Y. 
Examination showed that the article was short-weight.
LABEL IN PART: (Sacks) "Duck Brand Potatoes Weyl-Zuckerman & Co. 
Stockton Calif.   100 Lbs. Net Weight."
VIOLATION CHARGED: Misbranding, Section 403 (e) (2), the "product was a food 
in package form and failed to bear a label containing an accurate statement 
of the quantity of the contents, since the label statement "100 Lbs. Net Weight" 
was inaccurate.
DISPOSITION : September 6, 1944. The Idaho Baking Potato Distributors, Inc., 
New York, N. Y., claimant, having admitted the allegations of the libel, 
judgment of condemnation was entered and the product was ordered released 
under bond to be resacked to the declared weight, under the supervision of the 
Food and Drug Administration.