11833. Misbranding of olive oil.    U. S. v. 37 Cans and 13 Cans of Olive Oil.
Decree   ordering  product   released   under  bond  to   be   relabeled.
(F. & D. No. 17445.    I. S. Nos. 1828-v, 1829-v.    S. No. E-4349.)
On April 2, 1923, the United States attorney for the District of New Hamp- 
shire, 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 37 alleged quart cans and 13 alleged half-gallon cans of olive 
oil at Manchester, N. H., alleging that the article had been shipped by the 
Aeolian Importing Co., from Boston, Mass., on or about February 2, 1923. 
and transported from the State of Massachusetts into the State of New 
Hampshire, and charging misbranding in violation of the Food and Drugs 
Act, as amended. The article was labeled in part: (Can) "Net Contents 
One Quart" (or "Net Contents Half Gallon") "Aeolian Brand * * * 
Imported Pure Olive Oil Superfine Quality."
Misbranding of the article was alleged in the libel for the reason that the 
statements appearing on the labels of the said cans, to wit, " Net Contents One 
Quart" and " Net Contents Half Gallon," as the case might be, were 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 quantity stated was not correct.
On July 24, 1923, the Aeolian Importing Corp. having appeared as claimant 
for the property and having filed a bond in the sum of $75, it was ordered by 
the court that the said product be released to the claimant upon payment of 
the costs of the proceedings, conditioned that it be properly branded to show its 
weight.
HOWARD M. GORE, Acting Secretary of Agriculture.