30055. Misbranding of olive oil.     U.   S. v. 1,797 Cans of Olive  Oil.     Decree of
condemnation.     Product released under bond to be relabeled.     (F. & D.
No. 44309.    Sample No. 34105-D.)
This product was short of the declared volume.
On November 7, 1938, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 1,797 cans of olive oil at .Perry 
Point, Md.; alleging that the article had been shipped in interstate commerce 
on or about August 22, 1938, by West Tea & Coffee 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 Quart West's Monterey 
Brand Edible Olive Oil, E. R. West Packer, New York."
It was alleged to be misbranded in that the statement "Net Contents 1 Quart" 
was false and misleading and tended to deceive and mislead the purchaser when 
applied to an article that was short volume. It was alleged to be misbranded 
further in that it 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 quantity stated was not correct.
On December 5, 1938, West Tea & Coffee Co. having appeared as claimant, 
judgment of condemnation was entered and the product was ordered released 
under bond conditioned that it be relabeled to conform to the requirements of 
the law.
HARRY L. BROWN, Acting Secretary of Agriculture.