3477.?Misbranding of cottonseed salad oil.   TJ. S. v. 16 Cases of Cottonseed Salad Oil.   Con?
sent decree of condemnation and forfeiture.   Product released on bond.   (F. & D.
No. 5720.   I. S. No. 5753-h.   S. No. C-31.)
On May 12, 1914, the United States attorney for the Eastern District of Missouri,?
acting upon a report by the Secretary of Agriculture, filed in the District Court of the?
United States for said district a libel for the seizure and condemnation of 16 cases,?
each containing 12 cans of cottonseed salad oil, remaining unsold in the original?
unbroken packages, and in possession of A. Lume & Co., St. Louis, Mo., alleging that?
the product had been shipped on or about April 2, 1914, and transported in interstate?
commerce from the State of New York into the State of Missouri, and charging mis??
branding in violation of the Food and Drugs Act. The cases were labeled "12 cans?
Luna Cres. Salad Oil. A. Lume & Co., St. Louis, Mo."; the cans in the cases were?
labeled, "Marca (design crescent and star) Kegistrata Net Contents 1 Gall. Olio?
sopraffino Di Cotone Marca Luna Crescente Brand Finissirno Extra Quality Genuine?
Cottonseed Salad Oil."    Sticker label on top of can: "105 Oz. Net."
Misbranding of the product was alleged in the libel for the reason that the cans did?
not contain one gallon of oil as stated on the labels thereon, but, on the contrary thereof,?
4 of said cans contained an average shortage of 11.83 per cent on the basis of one gallon?
net content; and, further, said cans did not contain 105 ounces net of oil as stated on?
the labels, but, on the contrary thereof, 4 of said cans contained an average shortage?
of 1.19 per cent on the basis of 105 ounces net weight, and each of said cans so examined?
lacked an inch or more of being full of oil, and 23 of said cans upon being weighed?
showed an average shortage x of 12.17 per cent on the basis of one gallon net content,?
and an average shortage 1 of 1.57 per cent on the basis of 105 ounces net weight.
On May 18, 1914, the said A. Lume & Co., claimant concern, having admitted the?
allegations of the libel and consented to a decree, judgment of condemnation and for??
feiture was entered and it was ordered by the court that the product should be re??
leased to said claimant concern upon payment of the costs of the proceedings and the?
execution of bond in the sum of $500, in conformity with section 10 of the act, one of?
the conditions thereof being that the claimant should remove and erase from the cans?
the following, to wit, "1 gall." and "105 oz. net," where the same appeared on the?
labels and should label said cases as follows, to wit "$ gall."
C. F. MARVIN, Acting Secretary of Agriculture.
WASHINGTON, D. C, October 26, 1914.