21424. Misbranding of  olive   oil.     U.   S.   v.   51   Cases,   et  al.,   of   Olive   Oil.
Consent decrees of condemnation and forfeiture. Product re- 
leased under bond. (F. & D. nos. 30572, 30573, 30576, 30711. Sample 
nos. 32019-A, 43145-A, 43146-A, 43193-A, 43194-A.)
These cases involved interstate shipments of olive oil which was short 
volume.
On June 9, 1933, the United States attorney for the Eastern District of New 
York, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 51 cases and 135 gallons of 
olive oil at Brooklyn, N.Y. On or about June 9, 1933, a libel was filed in the 
District of Connecticut against 210 gallon cans of olive oil at Stamford, Conn., 
and on July 13, 1933, a libel was filed in the Eastern District of New York 
against 250 cases of olive oil at Brooklyn, N.Y. It was alleged in the libels 
that the article had been shipped in interstate commerce between May 4, 1933, 
and June 8, 1933, by the Riverbank Canning Co., Riverbank, Calif.; that the 
product at Brooklyn, N.Y., had been shipped from Riverbank, Calif., into the 
State of New York; and that the product at Stamford, Conn., had been shipped 
into the State of Connecticut from New York, N.Y., and that it was misbranded 
in violation of the Food and Drugs Act as amended.
The declaration of volume appeared on the cans variously as follows: " Net 
Contents One Gallon"; "Net Contents Five Gallons"; "5 Gal."    The cases
containing the 5-gallon cans were labeled: " Contents 2 Five Gallon Cans " or 
"Contains 2-5 Gal. Kans." Most of the lots were further labeled on the cans 
or cases: " Madonna Brand Pure Olive Oil, Packed by Riverbank Canning 
Co. Riverbank, Calif."
It was alleged in the libels that the article was misbranded in that the 
statements on the cases and cans, " Net Contents One Gallon " " Net Contents 
Five Gallons ", " Contains 2-5 Gal. Cans Pure Olive Oil", and " 5 Gal.", 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 package, since the cans contained less than declared.
Lorenzo Zerillo, trading as the Riverbank Canning Co., and Samuel A. Stone, 
of New York, N.Y., appeared as claimants for respective portions of the prop- 
erty, admitted the allegations of the libels, and consented to the entry of 
decrees. On July 6, July 25, and September 14, 1933, judgments of condem- 
nation and forfeiture were entered, and it was ordered by the court that the 
product be released to the claimants upon payment of costs and the execution 
of good and sufficient bonds, conditioned that the alleged gallon cans be emptied 
into vats or drums and that the alleged 5-gallon cans be filled to the full 5 
gallons.
M. L. WILSON, Acting Secretary of Agriculture.