9319. Misbranding of olive oil. TJ. S. * * * v. 74 Cans of * * * Olive Oil * * *. De- 
fault decree of condemnation, forfeiture, and destruction. (F. & D. No. 14007. I. S. 
No. 5232-t.   S.No. E-2917.)
On December 9, 1920, the United States attorney for the District of Rhode Island, 
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 74 cans of 
olive oil, remaining unsold in the original unbroken packages at Pawtucket, R. 1., 
consigned by the O. K. Olive Oil Co., New York, N. Y., alleging that the article had 
been shipped from New York City on or about August 23, 1920, and transported from 
the State of New York into the State of Rhode Island, and charging misbranding in 
violation of the Food and Drugs Act, as amended. The article was labeled in part, 
(cans) "Olive Oil   *   *    *   Net Contents One Pint."
Misbranding of the article was alleged in substance in the libel for the reason that 
the statement on the labels, "Net Contents One Pint," was false and misleading and 
deceived and misled the purchaser into the belief that each of the cans contained one 
pint of olive oil, whereas it did not, being short in volume 3.72 per cent, and for the 
further reason that the article was food in package form, and the quantity of the con- 
tents was not plainly and conspicuously marked on the outside of the package. Mis- 
branding was alleged for the further reason that the following statements regarding 
the curative and therapeutic effects of said article, (cans) " *   *   *   for dyspepsia,
* *   *   gall stones,    *   *   *   prevents appendicitis and relieves stomach troubles.
* * * unequalled for massage in cases of neurasthenia, rheumatism, and nervous 
troubles and acts as an ideal nerve tonic. * * * against dandruff * * * grows 
the hair," were false and fraudulent in that the article contained no ingredient or 
combination of ingredients capable of producing the effects claimed.
On March 31,1921, no claimant having appeared for the property, judgment of con- 
demnation and forfeiture was entered, and it was ordered by the court that the 
product be destroyed by the United States marshal.
E. D. BALL, Acting Secretary of Agriculture.