13737. Misbranding of olive oil.    U. S. v. 11 Gallons of Olive Oil.    Default
decree of condemnation, forfeiture, and destruction.     (F. & D. Noi
200S5.    I. S. No. 24525-v.    S. No. B-5315.)
On May 28, 1925, the United States attorney for the District of Connecticut, 
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 condemna- 
tion of 11 gallons of olive oil, remaining in the original unbroken packages at 
New Haven, Conn., alleging that the article had been shipped by Yohalem & 
Diamond, New York, N. Y., on or about February 6, 1925, and transported from 
the State of New York into the State of Connecticut, and charging misbranding 
in violation of the food and drugs act as amended. The article was labeled in 
part: "Olio Puro D'Oliva White Star Brand Net Contents One Full Half 
Gallon."
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 conspicu- 
ously marked on the outside of the package.
It was alleged in substance in the libel that the article was misbranded, in 
that the labels of the cans containing the said article bore certain statements, 
namely, "Net Contents One Full Half Gallon," which said statements were 
intended to induce the purchaser to believe that the cans contained one-half 
gallon of olive oil, when, in truth and in fact, they did not contain one-half 
gallon thereof.
On August 19, 1925, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
R. W. DUNLAP, Acting Secretary of Agriculture.