13993. Misbranding  of  olive  oil.     V.  S.   v.   116  Half-Gallon   Cans  of  Olive
OH. Product ordered released under bond. (F. & D. No. 20075. 
I. S. No. 14628-v.    S. No. W-1715.)
On May 21, 1925, the United States attorney for the District of Utah, 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 115 half-gallon cans of olive oil, remaining in the original unbroken 
packages at Salt Lake City, Utah, alleging that the article had been shipped 
by A. Qiurlani & Bro. (A. Giurlani & Bro.), from San Francisco, Calif., on or 
about April 3, 1925, and transported from the State of California into the 
State of Utah, and charging misbranding in violation of the food and drugs 
act as amended. The article was labeled in part: (Can) "Net Contents One 
Half Gallon   *    *    *    Olive Oil A. Giurlani & Bro.,  San Francisco, Calif."
Misbranding of the article was alleged in the libel for the reason that the 
statement on the labels "Net Contents One Half Gallon," was false and mis- 
leading, and 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 25, 1925, A. Giurlani & Bro., San Francisco, Calif., claimant, having 
paid the costs of the proceedings and executed a bond in the sum of $300, in 
conformity with section 10 of the act, and the court having found the product 
to be misbranded, a decree was entered, ordering that the said cans of olive 
oil be released to the claimant to be refilled and relabeled as to the exact net 
contents, under Government supervision.
R. W. DUNXAP, Acting Secretary of Agriculture.