74S0. Misbranding of olive oil. U. S. * * * v. 24 Gallon Cans o? Olive?
Oil.      Consent   decz*ee   of   condemnation   and   forfeiture.      Product
ordered released  on  bond.      (F.  &  D.   No.   10735.     I,   S.  No.   14205-r.     S.?
No.  E-1599.)
On July 3, 1919, the United States attorney for the District of Connecticut,?
acting upon a report by the Secretary of Agriculture, filed in the District?
Court of the United States for said district a libel for the seizure and con??
demnation of 24 1-gallon cans of olive oil, remaining unsold -in the original?
unbroken packages at New Haven, Conn., alleging that the article had been?
shipped on or about May 2, 1919, by the Southern Importing Co., New York,?
N. Y., and transported from the State of New York into the State of Connecti??
cut, and charging misbranding in violation of the Food and Drugs Act, as?
amended.
Misbranding of the article was alleged in the libel for the reason that the?
labels on the cans bore the words, to wit, " One Gallon Net," whereas there was?
an average shortage in 3 gallon cans of 10.17 per cent and in 12 other?
gallon cans of 10.06 per cent. Misbranding of the article was alleged for the?
further reason that it was food in package form, and the quantity of the con??
tents was not plainly and conspicuously marked on the outside of the package?
in terms of weight, measure, or numerical count.
On November 3, 1919, Giuseppe Battaglia, New York, N. Y., claimant, having?
consented to a decree, judgment of condemnation and forfeiture was entered,?
and it was ordered by the court that the product be delivered to said claimant?
upon the payment of the costs of the proceedings and the execution of a bond?
in the sum of $1,000, in conformity with section 10 of the act.
E. D. BALL, Acting Secretary of Agriculture.