7866. Misbranding of olive oil. XT. S. * * * v. 340 Cases of Gallons, 25 
Cases of Half-gallons, and 15 Cases of Q,uarts of Olive Oil. Con- 
sent decree of condemnation and forfeiture. Product ordered re- 
leased on bond.     (F. & D. No. 10580.    I. S. No. 2926-r.    S. No. W-420.)
On June 11, 1919, the United States attorney for the Northern District of 
California, 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 240 cases of gallons, 25 cases of half-gallons, and 15 cases of 
quarts of olive oil, remaining unsold in the original unbroken packages at San 
Francisco, Calif., alleging that the article had been shipped on May 6, 1919, by 
the Italian Importing Co., New York, N. Y., and transported from the State 
of New York into the State of California, and charging misbranding in viola- 
tion ,of. the Food and Drugs Act, as amended. The article, was labeled in part, 
" Pure Italian Olive Oil Golden Star Brand Italy."
Misbranding of the article was alleged, for the reason that the statements 
borne
, Qh the labels of the cans were false and misleading and deceived and 
misle<F;the purchaser, into -the. belief- that, the product was Italian olive oil, 
.whem, in truth [and in fact, .it was hot Italian olive oil, but was Spanish olive 
oil. .Misbranding of the article was alleged for the further reason that each 
of-the gallon cans was labeled "One Gallon Net," each of the half-gallon cans 
was labeled " One Half Gallon Net," and each of the quart cans was labeled 
" One Quart. Gallon Net," whereas examination showed that the contents of 
the 
.gallon cans averaged 3 per cent less than the net contents declared upon the 
label, the contents of the half-gallon cans averaged 1.1 per cent less than the 
net "contents-declared upon the' label, and the contents of the quart cans 
averaged 5.3 per cent less than the net contents declared upon tlie label.
On
, July 23, 1919, the said Italian Importing Co., claimant,"haying consented 
to a
'decree, judgment of condemnation and forfeiture was entered, arid it was 
ordered by the court that the product be delivered to said claimant vtpOn the 
payment of the costs of tlie proceedings and the execution of a bond in the sunl 
of $11,000, in conformity with section 10 of the act, conditioned in part that the 
product should be relabeled under the supervision of a representative of this 
department.
E. D. BALL, 
Acting Secretary of Agriculture."