23906. Misbranding of olive oil.    V. S. v. 50 Cans, et al., of Olive Oil.    Con¬
sent decree of condemnation and forfeiture. Product released 
under bond for refilling containers. (F. & D. nos. 33092, 33093, 
33094.    Sample nos. 6558-B to 6564-B, incl.)
Sample cans of olive oil taken from the shipments involved in these cases 
were found to contain less than 1 quart, the volume declared on the label.
On July 19, 1934, the United States attorney for the District of New 
Jersey, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court libels praying seizure and condemnation of 521 cans of olive oil 
at Newark, N. J., alleging that the article had been shipped in interstate com- 
merce, in part on or about May 23, 1933, and in part on or about June 8, 1934, 
by the Mercantile Importing Co., from New Bedford, Mass., and charging 
misbranding in violation of the Food and Drugs Act as amended. The article 
was labeled in part, variously: "Azeita Puro De Oliveira Portuguez Portas de 
Bodam Castelo Branco Product of Portugal * * * 1 Quart"; "Azeita Puro 
D Oliveira Portuguez Soloio Exportado For Mandel Moreira Rato & Ca. Nos. 
* * * Lisboa * * * Extra Portugese Olive Oil Net Contents 1 Quart"; 
"Azeite Purissimo D Oliveira Portuguese Triunfante Importtado por Tagus Im- 
porting and Exporting Co. New Bedford, Mass. * * * Net Contents One 
Quart."
The libels alleged that the article was misbranded in that the statements 
on the labels, " 1 Quart", " Net Contents 1 Quart", and " Net Contents One 
Quart", were false and misleading and tended to deceive and mislead the pur- 
chaser; and for the further reason that it was food in package form and the 
quantity of the contents was not plainly and conspicuously marked on the out- 
side of the package, since the statement made was incorrect.
On August 16, 1934, the cases having been consolidated, and the Mercantile 
Importing Corporation, claimant, having admitted the allegations of the libel 
and having consented to the entry of a decree, judgment of condemnation and 
forfeiture was entered, and it was ordered by the court that the product be 
released upon payment of costs and the execution of a bond in the sum of 
$500, or the deposit of collateral in like amount, conditioned that the cans 
be refilled to the labeled volume.
M. L. WILSON, Acting Secretary of Agriculture.