10298.?Misbranding of Wesson oil.     V. S.     *     *     *     v. 300 Cases of Wesson
Oil.     Consent decree entered for the release of the prodnct nnder?
bond.     (F. & D. No. 15621.    I. S. No. 9315-t.    S. No. EJ-3623.)
On or about November 25, 1921, the United States attorney for the Southern?
District of Florida, 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 condemnation of 300 cases, each containing 12 cans, of Wesson oil, remain??
ing in the original unbroken packages at Jacksonville, Fla., consigned by the?
Southern Cotton Oil Co., Savannah, Ga., alleging that the article had been?
shipped from Savannah, Ga., on or about August 30, 1921, and transported from?
the State of Georgia into the State of Florida, and charging misbranding in?
violation of the Food and Drugs Act, as amended. The article was labeled?
in part: "Wesson Oil * * * 1 Quart Net The Southern Cotton Oil?
Co.    *    *    *"
Misbranding of the article was alleged in substance in the libel for the reason?
that the statement appearing on the cans, to wit, " 1 Quart Net," was false and?
misleading and deceived and misled the purchaser, since the said cans did not?
contain one quart net of the said article but did contain less than that amount.?
Misbranding was alleged for the further reason that the article was food in?
package form, and the quantity of the contents was not plainly and conspicu??
ously marked on the outside of the package, since the statement purporting to?
indicate the quantity was not correct.
On December 8, 1921, the Southern Cotton Oil Co., Savannah, Ga., claimant,?
having consented to a decree and having executed a bond in the sum of $100, in?
conformity with section 10 of the act, conditioned in part that the said?
claimant either empty and destroy the cans containing the product, or re-mark?
the said cans so as to correctly show the quantity of oil contained therein, or?
refill the said cans so that they would contain the quantity of oil which the?
label thereon indicated, judgment of the court was entered ordering the release?
of the product to the. said claimant.
C. F. MAEVIN, Acting Secretary of Agriculture.
164	
BUREAU  OF  CHEMISTEY.	
[Supplement 136,