10825.?Misbranding; of olive oil.    U. S. v. 47 Quart Cans, et al, of Olive Oil.
Default decree of condemnation, forfeiture, and destruction or?
sale. (F. & D. No. 15480. I. S. Nos. 6268-t, 15478-t, 15479-t. S. No.?
E-3605.)
On October 15, 1921, the United States attorney for the District of Con??
necticut, acting upon a report by the Secretary of Agriculture, filed in the Dis??
trict Court of the United States for said district a libel for the seizure and con??
demnation of 47 quart cans, 9 gallon cans, and 20 half-gallon cans of olive oil, re??
maining unsold in the original unbroken packages at Bridgeport, Conn., alleging?
that the article had been shipped by N. Goodman & Son, New York, N. Y., on or?
about August 24,1921, and transported from the State of New York into the State?
of Connecticut, and charging misbranding in violation of the Food and Drugs?
Act, as amended. The article was labeled in part: " Pure Imported Olive Oil?
Olio d'Oliva Puro Di Lucca Italia Marca Stella Alpino Brand * * * N.?
Goodman & Son Importers & Packers N. Y. U. S. A. Lucca Italy * * *?
Net Contents One Full Quart" (or "One Full Gallon" or "One Full Half?
Gallon").
Examination of a sample of the article by the Bureau of Chemistry of this?
department showed that it was short weight.
Misbranding of the article was alleged in substance in the libel for the reason?
that the respective cans containing the said article bore the following state??
ments, " Net Contents One Full Quart," " One Full Gallon," and "One Full?
Half Gallon," as the case might be, which said statements were false and mis??
leading and deceived and misled the purchaser. 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?
packages.
On January 10, 1922, 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 or destroyed if such?
sale could not be speedily effected.
C. W. PUGSLEY, Acting Secretary of Agriculture.