10894.?Misbranding of olive oil.    lr. S. v. 46 Gases, et al, of Olive Oil.    Con?
sent decrees of condemnation and forfeiture with respect to a?
portion of the product and orders entered for its release under?
bond. Default decrees of condemnation, forfeiture, and sale or?
destruction with respect to remainder. (F. & D. Nos. 15336, 15370,?
15485, 15528. I. S. Nos. 7041-t, 7042-t, 7044-t, 7046-t, 5'452-t, 5453-t,?
5454-t, 15484-t.    S. Nos. E-3546, E-3550, E-3592, E-3600.)
On August 16, October 1, and October 5, 1921, respectively, the United States?
attorney for the District of Connecticut, acting upon reports by the Secretary?
of Agriculture, filed in the District Court of the United States for said district?
libels praying the seizure and condemnation of 46 cases (12 gallon cans each),?
117 gallon cans, 30 half-gallon cans, and 132 quart cans of olive oil, remaining?
unsold in the original unbroken packages in various amounts at Waterbury,?
Stafford Springs, Danbury, and Bridgeport, Conn., respectively, alleging that the?
article had been shipped by Poleti & Co., New York, N. Y., between the dates of?
May 19 and July 23, 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: " Mariani Pure Olive?
Oil    *    *    *."
Misbranding of the article was alleged in substance in the libels for the reason?
that the respective cans containing the said article bore the following state??
ments, " Contains One Gallon Full Measure," " Contains Half Gallon Full Meas??
ure," " Contains One Quart Full Measure," " One Gallon," " Half-Gallon," or?
" One Quart," as the case might be, which statements were false and misleading?
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 con??
tents was not plainly and conspicuously marked on the outside of the said?
packages.
On November 8 and December 13, 1921, respectively, Poleti & Co., Inc., New?
York, N. Y., having entered an appearance as claimant for 46 cases, 6 gallons,?
and 57 quarts of the product and having consented to the entry of decrees, judg??
ments of condemnation and forfeiture were entered, and it was ordered by the?
court that the said portion be released to the claimant upon payment of the?
costs of the proceedings and the execution of bonds in the aggregate sum of?
$2,863, in conformity with section 10 of the act. On January 10, 1922, no claim??
ant having appeared for the remainder of the product, judgments of condem??
nation and forfeiture were entered, and it was ordered by the court that the?
said portion be sold by the United States marshal, or destroyed if such sale?
could not be speedily effected.
C. F. MARVIN, Acting Secretary of Agriculture.