10676.?Misbranding:  of  olive  oil.    TJ.   S.     *      *     *     v.   87   Cans     *     *     *     of
Olive Oil. Default decree of condemnation and forfeitnre. Prod??
uct ordered sold. (F. & D. No. 16352. I. S. Nos. 13925-t, 13304-t?
S. No. W-1092.)
On May 29, 1922, 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 seizure and condemnation?
of 87 cans, more or less, of olive oil, remaining unsold in the original unbroken?
packages at Cheyenne, Wyo., alleging that the article had been shipped on or?
about April 15, 1922, from Chicago 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, "Athlete Brand?
Pure Olive Oil Nasiacos Importing Co., Chicago, 111."
Misbranding of the article was alleged in the libel for the reason that the?
statement upon each of 41 cans of said product, " Contents i Gallon " or " 60
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BUREAU  OF  CHEMISTRY.	
[Supplement 144,
Fl. Ozs.," and the statement on 46 cans of the product, " Contents I Gallon "?
or " 30 Fl. Ozs.," were false and misleading in that the contents of each of the?
cans was not one full half gallon or one full fourth gallon, as the case might?
be, but only a part thereof. Misbranding was alleged for" the further reason?
that the article was in package form and the quantity of the contents was not?
plainly and conspicuously marked on the outside of the package in terms of?
weight or measure, but that said packages were so marked as to deceive and?
mislead the purchaser, and 43 of said cans purported to contain a full half?
gallon and 46 of said cans purported to contain a full one-fourth gallon, whereas,?
in truth and in fact, each of said 41 cans did not contain a full half gallon and?
each of said 46 cans did not contain a full one-fourth gallon.
On July 3, 1922, 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 sold at public auction by the United States marshal and that?
before delivering the same to any purchaser lie should require said purchaser?
to relabel the cans so as to show the true quantity of olive oil therein before?
offering the same for sale.
C. W. PUGSLEY, Acting Secretary of Agriculture.