11011. Misbranding of olive oil. V. S. v. 18 Cans, et al., of Olive Oil. De??
fault decrees ordering sale of the property. (F. & D. Nos. 15419',?
15420, 1S421.    I. S. Nos. 238-t, 239-t, 240-t.    S. No. C-3266.)
On June 8, 1922, the United States attorney for the District of Indiana, act??
ing upon a report by the Secretary of Agriculture, filed in the District Court of?
the United States for said district libels for the seizure and condemnation of?
38 2-quart cans, 57 quart cans, and 18 pint cans of olive oil, remaining in the?
original unbroken packages at Indiana Harbor, Ind.. alleging that the article?
had been shipped by Deligiannis Bros., Chicago, 111., in part on or about?
August 3, and in part on or about August 26, 1921, and transported from the?
State of Illinois into the State of Indiana, and charging misbranding in viola??
tion of the Food and Drugs Act, as amended. The article was labeled in part:?
"Net Contents'Two Quarts" (or "One Quart" or "One Pint") "* * *?
Pure Olive Oil Universal Brand Deligiannis Bros. Chicago, U. S. A."
N. J. 11001-11050.]       SERVICE  AND REGULATORY ANNOUNCEMENTS.	7
Examination by the Bureau of Chemistry of this department of samples of?
the article from each of the various-sized cans showed that they contained less?
than the amount declared on the labels.
Misbranding of the article was alleged in substance in the libels for the?
reason that the statements in the labels of the respective-sized cans containing?
the said article, to wit, " Net Contents Two Quarts," " Net Weight [Contents]?
One Quart," and "Net Weight [Contents] One Pint," as the case might be,?
were false and misleading and deceived and misled the purchaser. Misbrand??
ing 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.
On June 14, 1922, no claimant having appeared for the property, judgments?
of the court were entered ordering that the product be sold by the United?
States marshal.
C. F. MARVIN, Acting Secretary of Agriculture.