17689. Mlsbrandlnar of vegetable oil.    U. S. v. 45 Cases (Cans) of Vegetable
Oil.    Default   decree   of   condemnation   and   forfeiture.    Product 
ordered destroyed or delivered to charitable institutions.    (F. & D.
No. 24980.    I. S. No. 962,    S, No. 3330.)
Samples of vegetable oil, alleged to be flavored with olive oil, from the herein 
described interstate shipment having been found to contain no flavor of olive oil, 
and certain cans having been found to contain less than the declared volume, the 
Secretary of Agriculture reported the matter to the United States attorney for 
the District of Oregon.
On August 11,1930, the said United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of 45 cases (cans) of vegetable oil, remaining in the original 
unbroken packages at Portland, Oreg.. alleging that the article had been shipped 
by Monteverde, Rolandelli and Parodi (Inc.), from San Francisco, Calif., on or 
about May 22, 1930, and had been transported from the State of California into 
the State of Oregon, and charging misbranding in violation of the food and 
drugs act as amended. The article was labeled in part: (Cans) " Net Contents 
One Gallon Pure Vegetable Oil Flavored with Olive Oil * * * Montola 
Superfine Full Measure. This oil is packed and guaranteed by Monteverde, 
Rolandelli and Parodi, Inc., San Francisco, California,"
It was alleged in the libel that the article was misbranded in that the state- 
ments, "Flavored with Olive Oil," "Full Measure," and "Net Contents One 
Gallon," borne on the can labels, were false and misleading and deceived and 
misled the purchaser when applied to an article which had no flavor of olive 
oil, and which was short of the declared 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 made was not correct.
On September 8, 1930, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal or distributed 
to some hospital or charitable institution,
ARTHUR M. HYDE, Secretary of Agriculture.