12230. Misbranding- of olive oil. U. S. v. 38 Cans, et al., of Olive Oil. De- fault decrees of condemnation, forfeiture, and sale. (F. & D. Nos. 18086, 16087. I. S. Nos. 13&10-t, 139Ill-t, 13914-t. S. Nos. W-1064, W-1065.) 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 libels praying the seizure and condemna- tion of '60 half-gallon cans and 43 quarter-gallon cans of olive oil, remaining in the original unbroken packages in part at Trinidad, Colo., and in part at Pueblo, Colo., consigned by the Nasiacos Importing Co., Chicago, Ill., alleging that the article had been shipped from Chicago, Ill., in various consignments between the dates of September 14, 1921, and February 16, 1922, and trans- ported from the State of Illinois into the State of Colorado, and charging mis- branding in violation of the food and drugs act, as amended. The article was labeled in part: "Athlete Brand Pure Olive Oil * * * Nasiacos Importing Co., Chicago, Ill." Misbranding of the article was alleged in substance in the libels for the reason that the statement, to wit, " Contents * * * % Gallon," appearing in conspicuous type on the alleged half-gallon cans and the statement, to wit, " Contents * * * % Gallon," appearing in conspicuous type on the alleged quarter-gallon cans, were false and misleading and not sufficiently corrected by the respective statements in smaller and inconspicuous type, namely, " 60 fl. * * * 0ZSi? immediately underneath the larger type, on the said half- gallon cans, and, " 30 fl. * * * ozs.," immediately underneath the larger type on the said quarter-gallon cans, and for the further reason that the said statements deceived and misled the purchaser, in that the net contents of the said cans were less than one-half gallon and one-quarter gallon, respectively. Misbranding was alleged for the further reason that the article was [food] in package form and the quantity of the contents wag not plainly and conspicu- ously marked on the outside of the packages. On January 26 and April 30, 1923, respectively, no claimant having ap- peared for the property, judgments of condemnation and forfeiture were entered, and it was ordered by the court that the product be sold by the United States marshal. HOWARD M. GORE, Acting Secretary of Agriculture.