22757. Misbranding of olive oil.    TT. S. v. 7 Cans and 16 Cans of Olive Oil.
Default decree of condemnation, forfeiture, and destruction.     (F.
& D. no. 32594.    Sample nos. 68766-A, 68767-A.)
Sample cans of olive oil taken from the shipment involved in this case were 
found to contain less than the volume declared on the label.
On April 24, 1934, 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 23 cans of olive oil at Vineland, 
N. J., alleging that the article had been shipped on or about December 20, 1933,
by the Rome Importing Co., from New York, N. Y., and charging misbranding 
in violation of the Food and Drugs Act as amended. The article was labeled 
in part: "Net Contents 1 Gallon [or "% Gallon"] Superfine Olive Oil Rome 
Importing Co."
It was alleged in the libel that the article was misbranded in that the 
statements on the respective labels, " Net Contents 1 Gallon ", and " Net Con- 
tents % Gallon ", were false and misleading and tended to deceive and mislead 
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 packages, since the statement 
made was incorrect.
On July 5, 1934, 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.
M. L.  WILSON,  Acting Secretary  of Agriculture.