25249. Misbranding of olive oil.     U.  S. v. 13 Gases and 46 Cases of Olive Oil.
Decree  of condemnation.     Product released under bond.     (F. & D. no.
35766.    Sample nos. 15542-B, 15543-B.)
Samples of olive oil taken from this shipment were found to contain less 
than the labeled volume. The declaration of the quantity of the contents 
borne on the labels was ambiguous.
On July 15, 1935, the United States attorney for the Southern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 59 cases of olive 
oil at Los Angeles, Calif., alleging that the article had been shipped in inter- 
state commerce on or about June 11, 1935, by the Barcelona Sales 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: "Barcelona Pure Virgin 
Olive Oil    *    *    *    The Barcelona Company    *    *    *    3 oz. [or.oz.]."
The article was alleged to be misbranded in that the statements on the 
labels, "3 oz." and "1.6 oz. gtiaranty * * * Full Measure Furnished to 
Dealers", 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 package, since the statements 
were incorrect and were ambiguous, in that they did not indicate whether they 
were weight or measure.
On September 28, 1935, the Barcelona Sales Co., Inc., claimant, having ad- 
mitted the allegations of the libel, judgment of condemnation was entered and 
it was ordered that the product be released under bond conditioned that it be 
brought into compliance with the law under the supervision of this Department.
W. R. GREGG, Acting Secretary of Agriculture.