10169. Misbranding of olive oil. TJ. S. * * * v. 112 Pint Cans, et al.,?
of Olive Oil. Consent decrees of condemnation and forfeiture.?
Product released under bond. (F. & D. Nos. 15554, 15622. I. S. Nos.?
11175M:, 13876-t, 13877-t, 13878-t. 13879-t, 13880-t, 13881-t, 13882-t,?
13883-t.     S. Nos. W-1030, W-1032.)       i
On or about November 22, 1921, 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 libels for the seizure and?
condemnation of 237 half-pint cans, 449 pint cans, 147 quart cans, 59 half-?
gallon cans, and 42 gallon cans of olive oil, remaining unsold in the original?
unbroken packages at Trinidad and Denver, Colo., respectively, consigned by?
the Old Monk Olive Oil Co., Chicago, 111., alleging that the article had been,?
shipped on or /about September 3, 13, and 23 and October 5 and 18, 1921,?
respectively, 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. The article was labeled in part: (Cans) "* * * Old Monk?
Olive Oil.    *    *    *    Old Monk Olive Oil Co., New York, Chicago, Nice."
Misbranding of the article was alleged in substance in the libels for the-?
reason that the statements, to wit, " Net Contents One Half-Pint," " Net?
Contents One Pint," " Net Contents One Quart," " Net Contents One Half-?
Gallon," and " Net Contents One Gallon," borne on the respective cans contain??
ing the said article, were false and misleading and deceived and misled the?
purchaser in that the net contents of each of the said cans were less than?
one half-pint, one pint, one quart, one half-gallon, and one gallon, respectively.?
Misbranding was alleged for the further reason that the said article was food'?
in package form, and the quantity of the contents was not plainly and con??
spicuously marked on the outside of the package.
On December 22, 1921, the Old Monk Olive Oil'Co., Chicago, 111., claimant,?
having admitted the allegations of the libels and having consented to the entry?
of decrees, judgments of condemnation and forfeiture were entered, and?
it was ordered by the court that the product be released to said claimant upon?
payment of the costs of the proceedings and the execution of bonds in the ag??
gregate sum of $1,000, in conformity with section 10 of the act.
C. W. PUGSI-EY. Acting Secretary of Agriculture.
N. J. 10151-10200]  SERVICE AND REGULATORY ANNOUNCEMENTS.	91