15686. Misbranding of olive oil. TJ. S. v. 24 Gallon Cans and 24 Half-?
Gallon Cans of Olive Oil. Defanlt decree of condemnation, for??
feiture, and destmction. (P. & D. No. 22501. I. S. No. 17473-x. S,?
No. 621.)
On or about March 3, 1928, the United States attorney for the District of?
Oregon, acting upon a report by the Secretary of Agriculture, filed in the Dis??
trict Court of the United States for said district a ,libel praying seizure and?
condemnation of 24 gallon cans and 24 half-gallon cans of olive oil, remaining?
in the original unbroken packages at Portland, Oreg., alleging that the article'?
had been shipped by D. F. DeBernardi & Co., from San Francisco, Calif., on or?
about October 25, 1927, and transported from the State of California into the?
State of Oregon, and charging misbranding in violation of the food and drug*
15651-15700]	
NOTICES  OF   JUDGMENT	
351
act as amended. The article was labeled in part: " O.lia D'Oliva Vergine Extra-?
fino La Viola Brand Oil D. F. Debco Net Contents One Gallon" (or "Net?
Content**' .Half-Gallon'1)
It was alleged in the libel that the article was misbranded in that the state??
ment " Net Contents One Gallon," or " Net Contents one-half Gallon," borne on?
the labels, was false and misleading and deceived and misled purchasers, and?
in 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 packages.
On April 3, 1928, 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 destroyed by the United States marshal.
W. M. JARDINE,  Secretary of Agriculture.