11557. Misbranding: of olive oil. TJ. S. v. 12 1-Gallon Cans of Olive Oil. De??
fault decree of condemnation, forfeiture, and destruction.     (F.  &
D. No. 17212.    I. S. No. 240-v     S. No. E-4277.)
On or about January 16, 1923, the United States attorney for the District of?
New Jersey, 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 12 1-gallon cans of olive oil at Paterson, N. J., alleging?
that the article had been shipped by B. J. Spiropoulos. New York, N. Y., on or?
about November 13, 1922, and transported from the State of New York into the?
State of New Jersey, and charging misbranding in violation of the Food and?
Drugs Act, as amended. The article was labeled in part: (Cans) "Imported?
Pure Olive Oil * * * d'Oliva Importato Marca Irredenta Net Contents?
3 Gal."
Misbranding of the article was alleged in the libel for the reason that the?
package or label bore a statement, design, or device regarding the article or?
the ingredients or substances contained therein, as follows, " 1 Gal.," which was?
false and misleading and deceived and misled the purchaser. 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 package, since the statement made was not correct.
On June 28, 1923, no claimant having appeared for the property, judgment?
of condemnation and forfeiture was entered, and it was ordered by the court?
that the product be destroyed by the United States marshal.
HOWAED M. GORE, Acting Secretary of Agriculture.
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BUREAU  OF  CHEMISTEY.	
[Supplement 1(52,