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P02. Misbranding"  of  olive   oil.    V.  S.  v.  3  Oases   of  Olive   Oil.    Default
decree of condemnation, forfeiture, and sale.     (F.  & D.  No. 22132. 
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I. S. No. 21202-x.    S. No. 182.) 
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jOn November 5, 1927, the United States attorney for the Middle District
m Pennsylvania, acting upon a report by the Secretary of Agriculture, filed 
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fbithe District Court of the United States for said district a libel praying 
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|i2ure and condemnation of 3 cases of olive oil, remaining in the original 
^broken packages at Wilkes Barre, Pa., alleging that the article had been 
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lipped  by  the   Eeonomi   (Economu)-Ritsos   Co.    (Inc.),   from   New   York,
|iY., on or about July 29, 1927, and transported from the State of New York 
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gto the State of Pennsylvania, and charging misbranding in violation of the
f&d and drugs aet as amended.   The article was labeled in part:    (Can) 
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Contents 7% Lbs. Net.   Pure Olive OU   *   *   *   Family Brand Lucca Toscano, 
ftaly, Packed and Imported by Economu Ritsos Company, New York," (wooden 
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?se) " This case contains 12-1 Gal. Tins." 
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It was alleged in substance in the libel that the article was misbranded 
in that the statement contained on the label of the wooden case, " This case 
contains 12-1 Gal. Tins," was false and misleading and deceived' and misled 
the purchaser in that the product was short in volume. 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 package, since the statement "Contents 7 Ms Lbs. Net" 
on the can label was by weight, whereas it should be by volume.
On June 14, 1929, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court that 
the statements of the quantity of the contents be obliterated from the can and 
case labels, and the product sold by the United States marshal.
ARTHUR M. HYDE, Secretary of Agriculture.