10285. Misbranding ?f olive oil. V. S. * * * v. 12 Gallon Cans of Olive?
Oil.     Default decree of condemnation, forfeiture, and sale.     (F. &
D. No. 15378.    I. S. No. 5494-t.     S. No. B-3551.)
On August 18, 1921, the United States attorney for the District of Massa??
chusetts, 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 12 gallon cans of olive oil, remaining unsold at Boston,?
Mass.., alleging that the article had been shipped by Crisafulli Bros., New York,?
N. Y., on or about June 23, 1921, and transported from the State of New York?
into the State of Massachusetts, and charging misbranding in violation of the?
Food and Drugs Act, as amended. The article was labeled in part: " Contains?
One Full Gallon Specialita Olio D'Oliva Purissimo Crisafulli Brand * * *?
Importato Dall'Italia Da Crisafulli Bros.    *    *    *."
Misbranding of the article was alleged in the libel for the reason that it was?
food in package form, and the quantity of the contents was not plainly stud?
conspicuously marked on the outside of the package, since the stated quantity,?
to wit, " One Gallon," was incorrect and represented more than the actual?
contents of the said package.
On November 14, 1921, no claimant having appeared for the property, judg??
ment of condemnation and forfeiture was entered, and it was ordered by the?
court that the product be sold by the United States marshal in a package or
158	
BUREAU  OF  CHEMISTRY.	
[Supplement 136,
packages properly branded to show the correct weight of the contents thereof.?
On February 2 a motion to vacate the order of sale and to permit the destruction?
of the product was filed, which motion was allowed and a warrant to destroy?
or sell the said product was issued.
C. F. MAEVIN, Acting Secretary of Agriculture.