9170. Misbranding of olive oil. U. S. * * * v. One Case Containing 20 
Cans, and One Case Containing: 40 Cans, of Vietox-y Brand Pure 
OHTC Oil. Consent decree of condemnation and forfeiture. Prod- 
net ordered sold.     (F. & D. Nos. 513-c, 514-c.    I. S. Nos. 11810-r, 11811-r.)
On December 20, 1919, the United States attorney for the Eastern District 
of Wisconsin, acting upon reports by a deputy State food inspector, filed in
the District Court of the United States for said district libels for the seizure 
and condemnation of one case containing 20 cans, and one case containing 40 
cans, of Victory Brand Pure Olive Oil, remaining unsold in the original un- 
broken packages at Milwaukee, Wis., alleging that the article had been shipped 
by the Greek Products Importing Co., Chicago, Ill., on or about November 26, 
1919, and transported from the State of Illinois into the State of Wisconsin, 
and charging misbranding in violation of the Food and Drugs Act, as amended. 
The article was labeled: (Cans) "Contents i Gallon" (or "1 Quart") "Pure 
Olive Oil * * * Victory Brand Greek Products Importing Co. Chicago, 
U. S. A.;" (case) " Victory Brand Pure Olive Oil. Imported by Greek Prod- 
ucts Importing Co. Chicago, U. S. A. Net i gar" (or "1 qt.").
Misbranding of the article was alleged, in the libels for the reason that the 
labels upon the cases and cans containing said article bore the statement that 
each can contained one-half gallon, or one quart, as the case might be, of olive 
oil, which statement was false and misleading inasmuch as the contents of 
each of the cans were materially less than the stated amount, averaging, in 
the case of the-half-gallon cans, in percentage from 3i per cent to 54 per cent 
short in measure and volume, and in the case of the quart'cans, from 4 per 
cent to 7 per cent short in measure and volume; for the further reason that 
the statements, " Contents i Gallon " and " Contents 1 Quart," deceived and 
misled a purchaser of said article; and for the further reason that the article 
was food in package form and the quantity of the contents was not plainly 
and conspicuously marked on the outside of the packages and upon each can, 
in terms of volume and measure, since the amount stated was not a correct 
statement.
On March 16, 1920, the Greek Products Importing Co., Chicago, Ill., claimant, 
having admitted the material allegations in the libels, judgments were entered 
finding the product to be misbranded, and it was ordered by the court that the 
product be sold by the United States marshal, the purchaser to pay the costs 
of the proceedings and execute a bond for the proper relabeling of the article.
E. D. BALL, Acting Secretary of Agriculture.