18151. Misbranding of olive oil. V. S. v.. 23 Tins of Olive Oil. Default 
decree of condemnation and forfeiture. Product ordered de- 
livered to charitable institution or destroyed.     (F. & D. No. 24925.
I. S. No. 956.    S. No. 3271.)
Sample cans of olive oil from the shipment herein described having been 
found to contain less than declared on the label, namely, less than a full gallon, 
the Secretary of Agriculture reported the matter to the United States attorney 
for the District of Oregon.
On July 24, 1930, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and con- 
demnation of 23 tins of olive oil, remaining in the original unbroken packages 
at Portland, Oreg., alleging that the article had been shipped by the Metro- 
politan Grocery Co., from Seattle, Wash., on or about July 14, 1930, and had 
been transported from the State of Washington into the State of Oregon, and 
charging misbranding in violation of the food and drugs act as amended. The 
article was labeled in part: (Case) "Containing 12 One Gallon Tins;" (can) 
"Leonetta Brand Extra Virgin Olive Oil Contents One Full Gallon, * * * 
Metropolitan Grocery Co."
It was alleged in the libel that the article was misbranded in that the state- 
ments on the can label, " Contents One Full Gallon," and on the case label, 
" Containing 12 One Gallon Tins," 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 failed to bear a plain and conspicuous 
statement of the quantity of the contents, since the statement made was 
incorrect.
On May 8, 1931, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and n was ordered by the court that 
the product be distributed to some charitable institution by the United States 
marshal, or destroyed.
ABTHUB M. HTDE, Secretary of Agriculture.