9034. Adulteration and Misbranding of olives.   U. S.   *  *  *  v. 101 Barrels . *   *   *   and
95 Kegs * * * of Olives. Consent decree of condemnation and forfeiture. Prod- 
uct released under bond.   (F. & D. No. 12514.   I. S. No. 9319-r.   S. No. C-1832.)
On or about March 20, 1920, the United States attorney for the Eastern District of 
Louisiana, 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 ana condemnation of 
101 barrels, 30 gallons each, and 95 kegs, 16 gallons each, invoiced as 32,033 pounds,
43377°—21 3
net weight, of olive3, remaining unsold in the original unbroken packages at New 
Orleans, La., alleging that the article had been shipped by Sam Streva, Los Angeles, 
Calif., on or about January 21, 1920, and transported from the State of California into 
the State of Louisiana, and charging adulteration and misbranding in violation of the 
Food and Drugs Act, as amended.
Adulteration of the article was alleged in the libel for the reason that brine had 
been substituted in part for olives.
Misbranding of the article was alleged for the reason that the statement of weight 
marked on the packages was false and misleading and deceived and misled the pur- 
chaser, since the weight stated included 5.627 pounds of brine. Misbranding was 
alleged for the further reason that it was food in package form and the quantity of the 
contents was not plainly and conspicuously marked on the outside of the package in 
terms of weight or measure.
On April 23,1920, A. Patorno & Sons, New Orleans, La., 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 payment of the 
costs of the proceedings, and the execution of a bond in the sum of $1,000, in con- 
formity with section 10 of the act, conditioned in part that the product be correctly
relabeled,
E. D. BALL, Acting Secretary of Agriculture.