13718. Misbranding of olives. U. S. v. 176 Jars of Olives. Default decree 
of condemnation, forfeiture, and destruction. (F. & D. No. 18804. 
I. S. Nos. 18177-v, 18178-v, 18179-v.    S. No. C-4031.)
On June 26, 1924, the United States attorney for the Northern District of 
Texas, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel praying the seizure and 
condemnation of 176 jars of olives, remaining in the original packages at 
Corsicana, Tex., consigned by R. C. Chance's Sons, Philadelphia, Pa., alleging 
that the article had been shipped from Philadelphia, Pa., on or about Novem- 
ber 17, 1923, and transported from the State of Pennsylvania into the State 
of Texas, and charging misbranding in violation of the food and drugs act 
as amended.   A portion of the article was labeled in part: "Chance's Olives
* * * Imported And Packed By R. C. Chance's Sons, Philadelphia, U. S. A." 
The remainder of the said article was labeled in part: "Penn Club Brand 
Imported & Packed By R. C. Chance's Sons Philadelphia, Pa., U. S. A." The 
article was stamped indistinctly with rubber stamp: "6 Oz. Net'* or "4 Oz. 
Net."
Misbranding of the article was alleged in the libel for the reason that the 
statements "6 Oz. Net" or "4 Oz. Net," as the case might be, borne on the 
labels,  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 conspicu- 
ously marked on the outside of the package.
On or about August 4, 1925, 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 destroyed by the United States marshal.
R. W. DUNLAP, Acting Secretary of Agriculture.