20109. Misbranding of cooking and table oil.     U.S. v. 46 Cans, et al., of Oil.
Decree of condemnation and forfeiture.     Product released under 
bond.     (F. & D. Nos. 28522, 28633.    Sample Nos. 14377-A, 14387-A.)
These cases involved the shipment of quantities of cooking and table oil, 
sample cans of which were found to contain less than 1 gallon, the declared 
volume.
On or about July 26 and August 9, 1932, the United States attorney for the 
District of Maryland, acting upon reports by the Secretary of Agriculture, 
filed in the District Court of the United States for the district aforesaid 
libels praying seizure and condemnation of 65 cans of oil, remaining in the 
original unbroken packages at Baltimore, Md., alleging that the article had 
been shipped in interstate commerce, in part on or about November 17, 1931, 
and in part on or about April 23, 1932, by the Italian Food Products Corpora- 
tion of America, from Trenton, N.J., to Baltimore, Md., and charging mis- 
branding in violation of the Food and Drugs Act as amended. The article 
was labeled in part: (Can) "Double Star Brand High Grade Cooking and 
Table Oil. * * * Net Contents One Gallon * * * Packed by F. Rizzo 
do Cavaleante, Trenton, N.J."
It was alleged in the libels that the article was misbranded in that the 
statement on the label, " Net Contents One Gallon," was 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 
package, since the quantity stated was not correct.
On August 15, 1932, a claim having been interposed for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be released to the claimant to be shipped to the Italian 
Food Products Corporation of America, Trenton, N.J., for filling the cans to 
the declared quantity of contents, under the supervision of this Department, 
upon payment of costs and the execution of a good and sufficient bond, con- 
ditioned that it should not be sold or disposed of in violation of the Food and 
Drugs Act and all other laws.
R. G. TUGWELL, Acting Secretary of Agriculture.