17365. Misbranding of olive oil.     IT.  S. v.  6 Gallon  Cans,  et al.,  of  Olive  Oil,
Default  decrees  of  condemnation, forfeiture,  and sale.     (F.  & D.
Nos. 22738, 22760, 22761.    I. S. Nos. 19393-x to 19397-x, incl.    S. Nos. 782, 
790, 791.)
On May 7, 1928, the United States attorney for the Northern District of 
Indiana, acting upon reports by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district libels praying seizure and 
condemnation of 14 gallon cans, 32 half-gallon cans, and 14 quarter-gallon cans 
of olive oil, remaining in the original unbroken packages at Gary, Ind., alleging 
that the article had been shipped by Mallars & Co., from Chicago, Ill., in various 
consignments, on or about November 29,1927, March 28, 1928, and April 9, 1928, 
respectively, and transported from the State of Illinois into the State of Indiana, 
and charging misbranding in violation of the food and drugs act as amended. 
The article was labeled in part: (Cans) "Athlete Brand Pure Olive Oil Con- 
tents 1 gallon [or " y2 gallon," or " % gallon"] Imported and Packed by 
Mallars & Company, Chicago."
It was alleged in the libels that the article was misbranded in that the 
above-quoted labels were false and misleading and deceived and misled pur- 
chasers, in that they represented that the cans contained 1 gallon, one-half 
gallon, or one-fourth gallon, as the case might be, of olive oil, whereas the 
said cans did not contain a full gallon, a full half-gallon or a full quarter- 
gallon of olive oil, as the case might be. Misbranding was alleged for the further 
reason that the article was in package form and the quantity of the contents 
was not plainly and conspicuously marked on the outside of the said packages.
On November 13, 1928, no claimant having appeared for the property, judg- 
ments of condemnation and forfeiture were entered, and it was ordered by the 
court that the product be sold by the United States marshal.
ABTHTTR M. HYDE, Secretary of Agriculture.