7341. Misbranding of olive oil.     U. S.    *    *    *    v. 2S Cans of Olive Oil.     De 
fault  decree  of condemnation,  forfeiture,  and  sale.     (F.  & D.  Nos.
10484, 10485, 10486. I. S. Nos. 12941-r, 12942-r, 12943-r, 12944-r. S. No. 
E-1478.)
On June 3, 1919, the United States attorney for the District of Massachusetts, 
acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said district a libel of information praying the 
seizure and condemnation of 28 cans of olive oil, consigned on April 29, 1919, 
at Peabody, Mass., alleging that the article had been shipped by Spiropulos & 
Theodore, New Xork, N. Y., and transported from the State of New York into 
the Commonwealth of Massachusetts, and charging misbranding in violatioa
of the Food and Drugs Act, as amended. The cans were variously labeled in 
part, " Greek National Brand * * * Olive Oil Net Contents 1 Gal.," or 
'' Pure Olive Oil Sopraffino Italia Brand Lucca Toscana Italia Net Contents 
% Gallon," or " % Gallon Net Purissimo Olio di Bitonto-Bar."
Misbranding of the article was alleged in the libel of information for the 
reason that the statements borne on the cans as to the net contents of each 
can were false and misleading and deceived and misled the purchaser. Mis- 
branding of the article was alleged for the further reason that it was food in 
package form, and the quantity of the contents was not plainly and con- 
spicuously declared.
On September 5, 1919, no claimant having appeared for the property/judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be sold by the United States marshal.
C. F. MARVIN, Acting Secretary of Agriculture.