4^61. Misbranding of oil. If. S. * * * v. 7 -Cases * * * 5 Cases * * *?
amtl 8 Cases * * * of Oil. Consent deeree of condemaatiou anil?
forfeiture.    P-rodnci   o-rdered  released  on  boj*d.     (F.  &  D.  No.  7345.
I. S. No. 2549-1.    S. No. B-591.)
On April 24, 1916, the United States attorney for the District of New Jersey,?
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 7 cases, each containing 12 one-gallon cans, 5 cases, each containing 12 half-?
gallon cans, and 3 cases, each containing 12 quarter-gallon cans, of oil, remaining?
unsold in the original unbroken packages at Paterson, N. J., alleging that the?
article had been shipped, on or about March 24, 1918, by Anna Heller, trading?
under the name of Venice Importing Co., New York, N. Y., and transported?
from the State of New York into the State of New Jersey, and charging mis??
branding in violation of the Food and Drugs Act, The article was labeled, in?
part: "A compound.   Tripolitania brand."
Misbranding of the article was alleged in the libel for the reason that it was?
labeled and branded so as to deceive and mislead the purchaser as to the?
quantity contained in the cans, the cans contained in the 7 cases being labeled,?
" Net contents full gallon," whereas, in truth and in fact, each of the cans con??
tained less than 1 gallon; the cans in the 5 cases being labeled, " Net contents?
full \ gallon," whereas, in fact and in truth, each of the cans contained less than?
i gallon; and the cans, contained in the 3 cases, being labeled, "Net contents?
full i gallon," whereas, in fact and in truth, each of said cans contained less?
than i gallon. Misbranding was alleged for the further reason that the oil was?
contained in cans in package form, and the quantity of the contents of each?
package was not plainly, correctly, and conspicuously marked on the outside of?
the packages in terms of weight, measure;' and numerical count, nor in any?
other manner.
On June 6, 1916, the said Anna Heller, claimant, having consented to a de??
cree, judgment of condemnation and forfeiture was entered, and, it appearing?
that said claimant had filed a bond in the sum of $300, in conformity with sec??
tion 10 of the act, and had paid the costs of the proceedings, it was ordered by?
the court that the product should be released and delivered to said claimant.
OAKL YEOOMAN, Acting Secretary of Agriculture.
612	
BUREAU  OF CHEMISTBT.	
[Supplement 30.