11314.?Misbranding: of olive oil. li. S. v. 80 Half-Gallon Cans of Olive Oil.?
Default decree of condemnation, forfeiture, and sale. (F. & D. No. 16085.?
I. S. No. 13913-t.     S. No. W-1066.)
On April 10, 1922, 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?
30 half-gallon cans of olive oil, remaining unsold in the original unbroken pack??
ages at Pueblo, Colo., consigned by Lekas & Drivas, New York, N. Y., alleging?
that the article had been shipped from New York, N. Y., on or about October 19,?
1921, and transported from the State of New York 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 i Gall. * * * Pure Olive?
Oil   *    *    *   Lekas & Drivas   New York U. S. A."
Misbranding of the article was alleged in the libel for the reason that the?
statement, to wit, " Net Contents \ Gall.," appearing on the said cans, was?
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-half gallon. Mis??
branding 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 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.