17680. Misbranding of salad oil.    V. S. v. 474 Cartons, et al., of Salad Oil.
Consent decree of forfeiture entered. Product released under- 
bond.     (F. & D. No. 23909.    I. S. Nos. 03883, 03884, 03885.    S. No. 2127.)
Sample cans of salad oil from the herein described shipment having been 
found to contain less than the declared volume, the Secretary of Agriculture 
reported the matter to the United States attorney for the District of Con- 
necticut.
On August 2, 1929, the said United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of 474 cartons (each containing 6 gallon cans) and 3 gallon cans; 
74 cartons (each containing 12 half-gallon cans) and 9 half-gallon cans; and 
49 cartons (each containing 24 quarter-gallon cans) and 21 quarter-gallon 
cans of salad oil, remaining in the original unbroken packages at New Haven, 
Conn., alleging that the article had been shipped by the Van Camp Packing Co., 
from Louisville, Ky., on or about July 3, 1929, and had been transported from 
the State of Kentucky into the State of Connecticut, and charging misbranding 
in violation of the food and drugs act as amended. The article was labeled in 
part: (Cans) "Contadina Brand Oil Pure Vegetable Salad Oil Contadina Oil 
Co. One Gallon Net [or "One Half Gallon Net" or "One Quarter Gallon 
Net"]."
It was alleged in the libel, among otlier allegations, that the article was 
misbranded in that the statements " One Gallon Net," " One Half Gallon Net," 
and " One Quarter Gallon Net," borne on the labels of the cans, were false 
and misleading and deceived and misled the purchaser. 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 conspicuously marked on 
the outside of the packages, since the quantities stated were not correct.
On September 16, 1930, the Van Camp Packing Co., claimant, having ad- 
mitted the allegations as to underweight appearing in the libel and having 
consented to the entry of a decree, judgment of forfeiture was entered, and it 
was ordered by the court that the product be released to the said claimant 
upon payment of costs and the execution of a bond in the sum of $500, con- 
ditioned in part that the cans found to be short weight be refilled so that they 
comply with the requirements of the food and drugs act.
ABTHUB M. HYDE, Secretary of Agriculture.