11640. Misbranding; of olive oil. IT. S. v. 18 Cases of Olive Oil. Default de??
cree  of  condemnation,  forfeiture,   and   destruction.     (P.   &   D.   No.
17262.    I. S. No. 4443-v.    S. No. C-3881.)
On February 8, 1923, the United States attorney for the Southern District of?
Ohio, acting upon a report by the Secretary of Agriculture, filed in the Dis??
trict Court of the United States for said district a libel praying the seizure?
and condemnation of 18 cases of olive oil at Cincinnati, Ohio,, consigned by?
the Garibaldi Co., Chicago, 111., on or about November 11, 1922, alleging that?
the article had been shipped from Chicago, 111., and transported from the State?
of Illinois into the State of Ohio, and charging misbranding in violation of the?
Food and Drugs Act, as amended. The article was labeled in part: (Bottle)?
"Extra Cyrilla Imported Olive Oil Net 2 Fluid Oz. The Garibaldi Co.?
Chicago."
Misbranding of the article was alleged in the libel for the reason that the?
statement, " Net 2 Fluid Oz.," 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.
On June 15, 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.
HOWARD M. GOKE, Acting Secretary of Agriculture.