10S06. Misbranding of olive oil. II. S. v. 12 Gallons, et al, of Olive Oil.?
.Default decrees of condemnation and forfeiture. Product or??
dered sold or destroyed. (F. & D. Nos. 15104, 15105, 15326. I. S. Nos.?
5078-t, 5079-t, 6682-t, 6693-t.    S. Nos. E-3515, B-3401.)
On June 30 and July 29, 1921, respectively, the United States attorney for?
the D'strict of Connecticut, acting upon a report by the Secretary of Agricul??
ture, filed in the District Court of the United States for said district libels for?
the seizure and condemnation of 22 gallons of olive oil, remaining unsold in?
the original unbroken packages, 5 gallon cans at New Haven, 5 gallon cans at?
Waterbury, and 12 half-gallon cans and 24 quart cans at Hartford, Conn., al??
leging that the article had been shipped by C. Buonocore & Son, New York,?
N. Y., between the dates of April 27 and May 7, 1921, and transported from the?
State of New York into the State of Connecticut, and charging misbranding?
in violation of the Food and Drugs Act, as amended. The article was labeled?
in part: "Roma Brand Puro Olio D'Oliva II Campidoglio (Roma) C. Bueno-?
core & Son   1 Gallon " (or " ? Gallon " or " 1 Quart").
Misbranding of the article was alleged in substance in the libels for the reason?
that the labels on the respective cans containing the said article bore the state??
ments, to wit, " 1 Gallon," " i Gallon," and " 1 Quart," as the case might be,?
which said statements were false and misleading and deceived and misled the?
purchaser. 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 conspicuously marked on the outside of the packages.
On September 30, 1921, no claimant having appeared for the property, judg??
ments of condemnation and forfeiture were entered, and it was ordered by the?
court that the product be sold by the United States marshal or destroyed if such?
sale could not be speedily effected.
C. W. PUGSLEY, Acting Secretary of Agriculture.