11312.?Misbranding  of  olive  oil.    U.  S.  v.   16  Cans   of Olive  Oil.    Default?
decree  of condemnation, forfeiture,  and sale.     (F. & D.  No.  15545.     I.  S.  No.
11174-t.    S. No. W-1025.)
On November 15, 1921, the United States attorney for the District of?
Colorado, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district a libel for the seizure?
and condemnation of 16 cans of olive oil, remaining unsold in the original?
unbroken packages at Trinidad, Colo., consigned by A. Russo & Co., Chicago.?
111., alleging that the article had been shipped from Chicago, 111., on or about?
May 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: " One Quart Net Marca?
Diana Brand Superfine Olive Oil of Guaranteed Purity For Medicinal And?
Table Use."
It was alleged in substance in the libel that the article was misbranded in?
that the statement, to wit, " One Quart Net," appearing on each of the cans?
containing the said article, was false and misleading and deceived and misled?
the purchaser for the reason that the net contents of each of said cans was?
less than 1 quart net. 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??
ment of condemnation and forfeiture was entered, and it was ordered by the?
-court that the product be relabeled so as to show the correct quantity of?
contents of the said cans, and sold by the United States marshal.
C. W. PUGSLEY, Acting Secretary of Agriculture.