10038. Misbranding of olive oil. TI. S. * * * v. 35 Cans * * *?of?
Olive Oil. Decree of condemnation and forfeitnre. Product?re??
leased nnder bond. (P. & D. No. 15150. I. S. No. 5086-t. S.?No.?
E-3493.)
On July 29, 1921, the United States attorney for the District of Massachusetts,?
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 35 cans of olive oil, remaining unsold at Cambridge, Mass,,?
alleging that the article had been shipped by N. P. Economou & Theodos, New?
York, N. Y., on or about April 30, 1921, and transported from the State of?
New York into the State of Massachusetts, and charging misbranding in vio??
lation of the Food and Drugs Act, as amended.
Misbranding of the article was alleged in the libel for the 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, since the stated?
quantity, to wit, " Net Contents 1 Gal.," was incorrect and represented more?
than the actual contents of the said packages.
On September 26, 1921, N. P. Economou & Theodos, New York, N. Y., having?
entered an appearance as claimant for the property and having filed a satis??
factory bond in conformity with section 10 of the act, judgment of condemna??
tion was entered, and it was ordered by the court that the product might be?
released to said claimant upon payment of the costs of the proceedings.
C. W. PUGSLEY, Acting Secretary of Agriculture.