11311. Misbranding of olive oil. U. S. v. 20 Gallon Cans, et al., of Olive Oil.?
Default decrees of condemnation, forfeiture, and sale. (F. & D. Nos. 15487,?
15550, 15551. 15552, 15553, 15629. I. S. Nos. 11158-t, 11159-t, 11167-t, 11168-t,?
11169-t, 11170-t, 11171-t, 11172-t, 11173-t, 13884-t. S. Nos. W-1016, W-1026,?
W-1027,  W-1028,  W-1029,  W-1033.)
On November 14, 15, and 23, 1921, respectively, the United States attorney?
for the District of Colorado, acting upon reports by the Secretary of Agri??
culture, filed in the District Court of the United States for said district?
libels praying the seizure and condemnation of 29 gallon cans, 88 half-gallon?
cans, and 103 quart cans of olive oil, remaining unsold in the original un??
broken packages in various lots at Denver, Walsenburg, and Pueblo, Colo., re??
spectively, consigned by Deligiannis Bros., Chicago, 111., alleging that the?
article had been shipped from Chicago, 111., between the dates of April 5 and?
October 13, 1921, and transported from the State of Illinois into the State of?
Colorado, and charging misbranding in violation of the Food and Drugs Act,?
as amended. The article was labeled in part: " Net Contents One Gallon "?
(or "Two Quarts" or "One Quart") "* * * Pure Olive Oil Universal?
Brand Deligiannis Bros. Chicago, U. S. A."
Misbranding of the article was alleged in the libels for the reason that the?
statement on each of the gallon cans, to wit, " Net Contents One Gallon.,"?
the statement on each of the half-gallon cans, to wit, " Net Contents Two?
Quarts," and the statement on each of the quart cans, to wit, " Net Contents?
One Quart," were false and misleading and deceived and misled the purchaser?
for the reason that the net contents of each of the said cans was less than one?
gallon, one-half gallon, or one quart, as the case might be. 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 26, 1923, no claimant having appeared for the property, judg??
ments of condemnation and forfeiture were entered, and it was ordered
' by?
the court that the product be relabeled so as to show the correct contents of?
the said cans and that it be sold by the United States marshal.
C. W. PUGSLEY, Acting Secretary of Agriculture.
156	
BUREAU  OF  CHEMISTRY.	
[Supplement 157,