21337. Misbranding of olive oil. U. S. v. 24 Cases and 5 Cases of Olive 
Oil. Decree of condemnation and forfeiture. Product released 
under bond.     (F. & D. no. 30666.    Sample no. 39757-A, 39758-A.)
This case involved a shipment of olive oil, sample cans of which were found 
to contain less than the volume declared on the label.
On June 26, 1933, the United States attorney for the District of Massachu- 
setts, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 29 cases of olive oil at 
Boston, Mass., alleging that the article had been shipped in interstate com- 
merce on or about May 29, 1933, by M. Thomas Marcello, from Providence, 
R.I., and charging misbranding in violation of the Food and Drugs Act as 
amended. The article was labeled in part: (Cans) "One Gallon [or "One 
Half Gallon"] Liguria Brand Pure Olive Oil Liguria Olive Oil Company."
It was alleged in the libel that the article was misbranded in that the state- 
ments, " One Gallon " and " One Half Gallon ", borne on the labels, 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 statement made was incorrect.
On July 6, 1933, M. Thomas Marcello, Cranston, R.I., having appeared as 
claimant for the property and having admitted the allegations of the libel, 
judgment of condemnation and forfeiture was entered, and it was ordered by 
the court that the product be released to the claimant upon payment of costs 
and the deposit of a cash bond in the sum of $100, conditioned that the product 
should not be sold or disposed of contrary to the provisions of the Federal Food
and Drugs Act.    li-was further ordered that the oil be removed from the 
original containers and that the cases and cans be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.