10748. Misbranding of olive oil. U. S. v. 21 Cans, more or less, of Olive?
Oil. Defanlt decree of condemnation, forfeitnre, and destrnc-?
tion.     (F. & D. No. 16197.    I. S. No. 17029-t.    S. No. E>-3856.)
On April 26, 1922, the United States attorney for the District of Columbia,?
acting upon a report by the Secretary of Agriculture, filed in the Supreme Court?
of the District aforesaid, holding a district court, a libel for the seizure and con??
demnation of 21 cans, more or less, of olive oil, remaining unsold at Washington,?
D. C, alleging that the article had been shipped by G. P. Papadopulos, New York,?
N. Y., on or about March 2, 1922, and transported from the State of New York?
into the District of Columbia, and was being offered for sale and sold by the?
Washington Macaroni Co., of Washington, D. C, and charging misbranding in?
violation of the Food and Drugs Act, as amended. The article was labeled in?
part: " Olio D'Oliva Vergine GPP Trade Mark. G. P. Papadopulos Net Con??
tents Full Gallon    *    *    *."
Misbranding of the article was alleged in the libel for the reason that the?
statement, to wit, " Net Contents Full Gallon," borne on the cans containing the?
said article regarding the quantity of the said article contained in each of said?
cans, was false and misleading, in that the said statement represented that each?
of said cans contained 1 full gallon of the article, and for the further reason?
that it was labeled as aforesaid so as to deceive and mislead the purchaser into?
the belief that each of said cans contained 1 full gallon of the said article,?
whereas, in truth and in fact, each of said cans did not contain 1 full gallon of?
the article but did contain a less quantity. 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, since the stated quantity, to wit, " Net Contents Full Gallon," was in??
correct and represented more than the actual contents of the package.
On July 31, 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 destroyed by the United States marshal.
C, W. PUGSLEY. Actina Secretary of AarfrvHiirp
N. J. 10701-10750]    SEEVICB AND REGULATORY ANNOUNCEMENTS.      417