6921.  Misbranding of table oil.    U. S.   *    *    *   v. 264 Gallons  of Table Oil.?
Default  decree  of condemnation, forfeiture,  and sale.     (F. & D.  No.
0282.    I. S. No. 13720-r.     S. No. E-1100.)
On September 9, 1918, the United States attorney for the Middle District of?
Pennsylvania, 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 264 gallons of table oil, remaining unsold in the original un??
broken packages at Wilkes-Bar re, Pa., alleging that the article had been shipped?
on or about July 17, 1918, by Crisafulli Bros., New York, N. Y., and transported?
from the State of New York into the State of Pennsylvania, and charging mis??
branding in violation of the Food and Drugs Act. The article was labeled : (On?
cans) "Finest Quality Table Oil La Migliore Insuperabile Corn Salad Oil Com??
pound with Extra Fine Olive Oil, Net Contents Half Gallon, Packed in U. S. A.?
La Migliore Brand." The cases were labeled in part, " Contains 24J Gals." The?
phrase on cans, " Corn Salad Oil Compound with," was printed in inconspicuous?
type, the phrase " Extra Fine," in much larger type, and the phrase " Olive Oil,"?
in still larger type. The cans were further labeled with a representation of an?
olive tree and branch with olives.
Misbranding of the article was alleged in the libel for the reason that the?
labels and representations and the printing of the phrases in different sizes?
of type, as more particularly set forth above, were false and misleading and?
were designed to deceive and mislead the purchaser by purporting and repre??
senting the said oil to be olive oil, when, in truth and in fact, it was not, but?
consisted almost entirely of corn oil. Misbranding of the article was alleged?
for the further reason that it was labeled " Net Contents Half Gallon," whereas,?
in truth and in fact, the net contents of the said cans was less than a half gallon.?
Misbranding of the article was alleged for the further reason that it was food?
in package form, and the contents was not plainly and conspicuously marked?
on the outside of the packages in terms of weight, measure, or numerical count.
400
BUKEAU OF  CHEMISTRY.
{Supplement 69,
On May 5, 1919, no claimant having appeared for the property, judgment of?
condemnation and forfeiture was entered, and it was ordered by the court that?
the product should be sold by the United States marshal after the obliteration?
?f the labels on the cans and cases in-which the article was contained.
G. F. MARVIN, Acting Secretary of Agriculture.