20114. Misbranding of cooking and table  oil.     U.S. v. 22  Cases,  et  al., of
Oil. Decree of condemnation and forfeiture. Product released 
under bond.     (F. & D. No. 28601.     Sample Nos. 14384-A, 14385-A.)
This case 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 August 6, 1932, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of 32 cases of oil, remaining in the original unbroken packages at 
Baltimore, Md., alleging that the article had been shipped in interstate com- 
merce, in part on or about June 1, 1931, and in part on or about August 10, 
1931, by F. Rizzo do Cavalcante, from Trenton, N.J., to Baltimore, Md., and 
charging misbranding 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 Cavalcante, Trenton, N.J."
It was alleged in the libel 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 Corp. 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, conditioned 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,