10234. Misbranding- of olive oil. U. S. * * * v. 32 Cans of Olive Oil.?
Default decree of condemnation and forfeiture. Product ordered?
sold or destroyed.     (F. & D. No. 15316.    I. S. No. 6677-t.    S. No. B-3463.)
On August 10, 1921, the United States attorney for the District of Connecti??
cut, 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 con-
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[Supplement J35,
demnation of 32 cans of olive oil, remaining unsold in the original unbroken?
packages at Waterbury, Conn., alleging that the article had been shipped by?
E. Di Bianco, New York, N. Y., on or about February 28, 1921, and transported?
from the State of New York into the State of Connecticut, and charging mis??
branding in violation of the Food and Drugs Act, as amended. The article?
was labeled in part: (Can) " Puro Olio Di Oliva Importato * * * Emilio?
Di Bianco    *    *    *    Importer New York    *    *    *"
Misbranding of the article was alleged in the libel for the reason that the?
labels of the said cans bore a certain statement, as follows, " Net Contents?
1 Quart," which statement was false and misleading and was of such a char??
acter as to induce the purchaser to believe that the said cans contained 1 quart?
each of the said article, when, in truth and in fact, they did not. Misbranding?
was alleged 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 package.
On September 16, 1921, no claimant having appeared for the property,?
judgment of condemnation and forfeiture was entered, and it was ordered?
by the court that the product be destroyed or sold by the United States mar??
shal, if such sale could be speedily effected.
C. W. PUGSLEY, Acting Secretary of Agriculture.