10455. Misbranding of  olive  oil.     U.  S.     *      *      *     v.  S33   Cans     *      *      *     of
Olive  Oil.     Default  decree  of condemnation,  forfeiture, and   sale.
(F. & D. Nos. 15397, 15398, 15399. I. S. Nos. 11151-t, 11152-t, 11153-t, 
11154-t, 11155-t, 11156-t, 10999-t, 11000-t.    S. No. W-1014.)
On September 29, 1921, the United States attorney for the District of 
Wyoming, 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 se'zure 
and condemnation of 233 cans of olive oil, remaining unsold in the original 
unbroken packages at Cheyenne, Wyo., consigned by Deligiannis Bros., Chicago, 
111., alleging that the article had been shipped from Chicago, 111., on or about 
July 13 and 27, 1921, respectively, and transported from the State of Illinois 
into the State of Wyoming, and charging misbranding in violation of the 
Food and Drugs Act, as amended. The article was labeled in part: " Net 
Contents One Gallon" (or "Two Quarts," "'One Quart," or "One Pint") 
"Pure Olive Oil, Universal Brand Deligiannis Bros., Chicago, U. S. A."
Misbranding of the article was alleged in substance in the libel for the 
reason that the statements upon the cans containing the article, to wit, " Net 
Contents One Gallon," " Net Contents Two Quarts," " Net Contents One Quart," 
or
" " Net Contents One Pint," as the case might be, were false and misleading,
and the said cans weT-e so marked as to deceive and mislead the purchaser in 
that they purported to conta'n a full gallon, two quarts, one quart, or one pint, 
respectively, of the said article, whereas, in truth and a fact, the said cans 
did not contain a full gallon, two quarts, one quart, or one pint, respectively. 
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 con- 
spicuously marked on the outside of the package m terms of weight or 
measure.
On November 1, 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.
C. W. PTTGSLEY, Acting Secretary of Agricultvre.