15760. Misbranding of olive oil. IT. S. v. 20 Cans, et al., of Olive Oil. Con??
sent decrees of condemnation and forfeiture. Product released?
under bond. (F. & D. Nos. 22654, 22673. , I. S. Nos. 17429-x, 17435.-X.?
S. Nos. 692, 715.)?
On March 20 and March 28, 1928, respectively, the United States attorney
for the District of Oregon, acting upon reports by the Secretary of Agriculture,
filed in the District Court of the United States for said district libels praying
seizure and condemnation of 6 cases, each containing 12 one-gallon cans, 4
cases, each containing 24 one-half-galltfn cans, and 20 cans of olive oil, remain-
15751-15800J	
NOTICES   OF   JUDGMENT	
387
ing in the original unbroken packages at Portland, Ore., alleging that the article?
had been shipped by D. F. De Bernardi & Co., from San Francisco, Calif., in?
part on or about March 15, 1927, and in part on or about March 29, 1927, and?
had been transported from the State of California into the State of Oregon,?
and charging misbranding in violation of the food and drugs act as amended.?
The article was labeled in part: (Tins) " Laviola Brand Olive Oil IX F. Deb &?
Co., Net Contents 1 Gallon" (or "Net Contents ? Gallon").
Misbranding of the article was alleged in the libels for the reason that the?
statements, " Net Contents 1 Gallon," " ? Gallon," or " Net Contents ? Gal??
lon," borne on the label, were false and misleading and deceived and misled?
the purchaser, 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 May 14, 1928, D. F. De Bernardi & Co., San Francisco, Calif., having ap??
peared as claimant for the property and having consented to the entry of?
decrees, judgments of condemnation and forfeiture were entered, and it was?
ordered by the court that the product be released to the said claimant upon?pay-?
ment of the costs of the proceedings and the execution of good and sufficient?
bonds, conditioned in part that it should not be sold or otherwise disposed of?
until relabeled in a manner satisfactory to this department.
R. W. DUKLAP, Acting Secretary of Agriculture.