124A2I. Misbranding of oil. IT. S. v. 20 Cans, et al., of Oil. Default decree 
of condemnation, forfeiture, and sale. (F. & D. No. 17476. I. S. 
Nos. 1835-v,  1839-v, 1840-v.    S. No. E-4371.)
On April 26, 1923, the' United States attorney for the District of New 
Hampshire, 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 48 cans of oil, at Manchester, N. H., alleging 
that the article had been shipped by the Aeolian Importing Corp. from Boston, 
Mass., on or about March 14, 1923, and transported from the State of Massa- 
chusetts into the State of New Hampshire, and charging misbranding in 
violation of the food and drugs act as amended. A portion of the article was 
labeled in part: " Adriatic Brand Superior Quality Oil * * * Net Contents 
One Gallon" (or "Net Contents one Quart"). The remainder of the said 
article was labeled in part: "Extra Fine Oil * * * Splendor Brand Veg- 
etable Oil   *    *    *    Net Contents 1 Gallon."
Misbranding of the article was alleged in substance in the libel for the 
reason that the statements, to wit, "Net Contents One Gallon," " Net Con- 
tents One Quart," and "Net Contents 1 Gallon," appearing on the labels of 
the respective-sized cans containing the article, were false and misleading in 
that they represented that the said cans contained 1 gallon net or 1 quart net, 
as the case might be, of the said article, and for the further reason that it 
was labeled as aforesaid so as to deceive and mislead the purchaser into the 
belief that the said cans contained 1 gallon net or 1 quart net, as the case 
might be, whereas, in truth and in fact, the said cans did not contain 1 
gallon or 1 quart, as the case might be, of the said article, but did contain 
less amounts. 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 quantities 
stated were not correct.
On July 24, 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 sold by the United States marshal.
HOWARD M. GORE, Secretary of Agriculture.