7157. Misbranding of  olive   oil  and  cottonseed  salad  oil.    V.   S.    *    *    *    v.
161 Cans of Olive Oil and 59 Cans of Cottonseed Salad Oil. Con- 
sent decree of condemnation and forfeiture. Product ordered re- 
leased on bond. (F. & D. No. 9761. I. S. Nos. 2569-r, 2567-r, 2570-r. 
S. No. W-277.)
On or about February 18, 1919, the United States attorney for the District of 
Colorado, 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 161 cans of olive oil and 59 cans of cottonseed salad oil, con- 
signed on April 12, 1918, and November 3, 1917, by II. Gerber & Co., Chicago, Ill. 
remaining unsold in the original unbroken packages at Denver, Colo., alleging 
that the article had been shipped and transported from the State of Illinois into 
the State of Colorado, and charging misbranding in violation of the Food and 
Drugs Act, as amended.
Misbranding of the article was alleged in the libel for the reason that the 
cans were in package form, and the contents stated in terms of measure, and 
the measure of the contents was not correctly stated on the outside of the pack- 
age ; that on each and every can the measure of the contents wras overstated; 
that the gallon cans of olive oil were stated to contain " 1 Gal. Net," when, in 
fact, said cans did not contain 1 gallon net, but each and every one of said cans 
contained less than 1 gallon net, to wit, 3.58 per cent less than a gallon; that 
the half-gallon cans of olive oil were stated to contain " \ Gal. Net," when, in 
fact, said cans did not contain -J gallon net, but each and every one of said 
cans contained less than a half gallon net, to wit, 5.55 per cent less than a half 
gallon; that the quart cans of olive oil were stated to contain "Net 1 Full 
Quart" and " Contents 1 Quart," when, in fact, said cans did not contain 1 
quart, but each and every can contained less than a quart; that 20 of said 
quart cans each contained 5.54 per cent less than a quart, and 48 of said quart 
cans each contained 2.58 per cent less than a quart; that the gallon cans of 
cottonseed oil were stated to contain " 1 Gal. Net," when, in fact, said cans 
did not contain 1 gallon net, but each and every one of said cans contained less 
than 1 gallon, to wit, 4.72 per cent less than a gallon; .that the half-gallon cans
of cottonseed oil were stated to contain " $ Gal. Net," when, in fact, said cans 
did not contain I gallon net, but each and every one of said cans contained less 
than i gallon, to wit, 6.49 per cent less than a half gallon; that the quart- 
cans of cottonseed oil were stated to contain " i Gal. Net," when, in fact, said 
cans did not contain i gallon net, but each and every one of said cans contained 
less than I gallon, to wit, 9.02 per cent less than i gallon.
On March 26, 1919, Jay J. Gerber and Norman J. Gerber, copartners, doing 
business as R. Gerber & Co., claimants, having admitted that the product was 
misbranded 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 
released to said claimants upon the payment of the cost of the proceedings and 
the execution of a bond inthe sum of $200, in conformity with section 10 of 
the act, conditioned in part that the product should not be sold without the 
measure of the contents being plainly and correctly stated on the outside of each 
package.
E. D. BALL, Acting Secretary of Agriculture.