8445. Misbranding of olive oil. TJ. S. * * * v. 72 Cans of Olive Oil.?
Default decree of condemnation and forfeiture. Product ordered?
sold.     (F. & D. No. 10555.    I. S. No. 1500G-r.    S. No. E-1491.)
On June 12, 1919, the United States attorney for the Middle District of Penn-?
sylvania, acting upon a report by the Secretary of Agriculture, filed in the Dis??
trict Court of the United States for said district a libel for the seizure and con??
demnation of 72 cans of olive oil, at Wilkes-Barre, Pa., alleging, that the article?
had been shipped on or about April 22, 1919, by the Venice Importing Co., New?
York, N. Y., and transported from the State of New York into the State of Penn??
sylvania, and charging misbranding in violation of the Food and Drugs Act, as?
amended.
Representative samples of the article, consisting of 22 cans, examined by the?
Bureau of Chemistry of this department showed a shortage in quantity of the?
contents of 5.41 per cent.
Misbranding of the article was alleged in the libel in that the statement on?
the label of the can, regarding its contents, to wit, "One Quart," was false and?
misleading in that it represented that the contents of the cans were 1 quart,?
whereas they were less then 1 quart. Further misbranding was alleged in that?
the article was food in package form, and the quantity of the contents of the?
said package was not correctly stated on the package.
On January 19, 1920, no claimant having appeared for the property, judgment?
of condemnation and forfeiture was entered, and it was ordered by the court?
that the product be sold by the United States marshal.
E. D. BALL, Acting Secretary of Agriculture.