10649.?Misbranding of  olive  oil.     U.  S.     *      *      *     v.  304  Tins     *      *     *     of
*?*     *     Olive  Oil.     Default  decree  of   condemnation,   forfeiture,
and destruction.     (F. & D. No. 15978.    I.  S. Nos. 9451-t, 9452-t, 945'3-t,?
9454M;, 9455~t.    S. No. E-3775.)
On February 16, 1922, the United States attorney for the Eastern District?
of South Carolina, 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 304 tins of olive oil, remaining in the original?
unbroken packages at Charleston, S. C, alleging that the article had been?
shipped by the Nasiacos Importing Co., Chicago, 111., on or about December?
13, 1921, and transported from the State of Illinois into the State of South?
Carolina, and charging misbranding in violation of the Food and Drugs Act,?
as amended. The article was labeled in part: (Tins) "Athlete Brand Pure?
Olive Oil   *    *    *   Nasiacos Importing Co., Chicago, Peraeus   *    *    *."
Misbranding of the article was alleged in substance in the libel for the?
reason that the following statements appearing on the respective tins con??
taining the article, "Contents 1/16 Gallon," "Contents 1/8 Gallon," "Contents?
1/4 Gallon," " Contents 1/2 Gallon," and " Contents 1 Gallon," were false and?
misleading and deceived and misled the purchaser, since the respective tins con??
tained less than the amounts declared. Misbranding was alleged for the fur??
ther 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 pack??
age, since the statements made were not correct.
On June 17, 1922, the case having come for final disposition before the?
court and a jury and no claimant having appeared for the property, a verdict?
for the Government was returned, and on June 19, 1922, a decree of condem??
nation and forfeiture was entered, and it was ordered by the court that the?
product be destroyed by the United States marshal.
C. W. PTJGSLET, Acting Secretary of Agriculture.