21772. Misbranding of olive oil.     U. S. v. 20 Dozen Bottles, et al., of Olive
Oil.    Default decrees of condemnation, forfeiture, and destruction.
(P. & D. Nos. 31259, 31593, 31744.    Sample nos. 47192-A, 471'93-A, 52116-A, 
55519-A.)
These cases involved olive oil contained in triangular-shaped bottles, two 
sides concave and one side flat. The bottles conveyed the deceptive impres- 
sion that they contained more than the actual contents,which impression was 
not corrected by the declaration of the contents, since the statement of the 
contents was embossed in reverse on the outside of the bottles near the 
base and could be read only with difficulty, and by looking through the 
battle, the contents further interfering with legibilty.
On October 20, 1933, the United States attorney for the District of New 
Jersey, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 20 dozen bottles 
of olive oil at Atlantic City, N.J. On November 18 and December 18, 1933, 
respectively, libels were filed against 280 bottles of olive oil at Boston. 
Mass., and 9% cases of olive oil at Irvington N.J. It was alleged in the 
libels that the article had been shipped in interstate commerce between 
the dates of June 13, and October 19, 1933, by Delia & Co. or A. Euca 
& Co., from New York, N. Y., and that it was misbranded in violation of 
the Food and Drugs Act as amended. The article was labeled in part: (Bottle) 
"Pure Imported Olive Oil De Luca & Co., N. Y.", (embossed on bottle) 
" 2 Oz." or " 6 Oz."
The libels charged that the article was misbranded in that it was food 
in package form and the quantity of the contents was not plainly and con- 
spicuously declared on the outside of the package.
On November 24. 1933, and January S and January 31, 1934, no claimant 
having appeared for the property, judgments of condemnation and forfeiture 
were entered, and it was ordered by the court that the product be destroyed by 
the United States marshal.
—    -      M. LrWILSON, Acting Secretary of Agriculture.