11312. Misbranding- of olive oil. V. S. v. 6 Cans and 60 Cans of Olive Oil.?
Default  decree  of condemnation,  forfeiture,  and  sale.     (P.  & P.
No. 15238.    I. S. Nos. 6247-t, 6248-t.    S. No. E-3480.)
On July 26, 1921, the United States attorney for the Middle District of Penn??
sylvania, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district a libel praying the?
seizure and condemnation of 6 cans, of approximately one gallon each, and?
60 cans, of approximately one quart each, of olive oil, remaining in the?
original unbroken packages at Scranton, Pa., alleging that the article ha'i?
been shipped by Virgona & Co., New York, N. Y., on or about May 14, 1921,?
and transported from the State of New York into the State of Pennsylvania,?
and charging misbranding in violation of the Food and Drugs Act, as amended.?
The article was labeld in part: " Aroma Brand Olio D'Oliva Extrafino?
* * * Sole Distributors Virgona & Co. New York First Pressing Cream?
Olive Oil One Gallon" (or "One Quart") "Full Measure Guaranteed."
Misbranding of the article was alleged in substance in the libel for the rea??
son that the statements, to wit, " One Gallon " and " One Quart," appearing on?
the respective-sized cans containing the article, were false and misleading?
and deceived and misled the purchaser, since the said cans did not contain?
1 gallon or 1 quart, as the case might be, but did contain a less amount.?
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 con??
spicuously marked on the outside of the package, in that the statements?.?
4< One Gallon " and " One Quart," respectively, were not correct.
On August 9, 1922, no claimant having appeared for the property, judg??
ment of condemnation and forfeiture was entered, and it was ordered by the?
court that the statements in the labelings, " One Gallon " and " One Quart,"?
respectively, be obliterated and the product sold by the United States marshal.
HOWABD M. GORE, Acting Secretary of Agriculture.