21338. Misbranding of olive oil.    IT. S. v. 37 Cans of Olive Oil.    Decree of
,   condemnation   and   destruction.      (F.   &   D.   no.   30641.     Sample   no. 
32030-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, 1 gallon.
On or about June 19, 1933, the United States attorney for the District of 
Connecticut, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying* seizure and condemnation of 37 cans of olive 
oil at New Haven, Conn., alleging that the article had been shipped in inter- 
state commerce on or about June 8> 1933, by the International Importing Co., 
Inc., from Providence, R.I., and charging misbranding in violation of the Food 
and Drugs Act as amended. The article was labeled in part: " Net Contents 
One Gallon The Prime Rose Pure Virgin Olive Oil * * * The International 
Importing Co., Inc., Providence, R.I."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, t* 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 con- 
tents was not plainly and conspicuously marked on the outside of the package, 
since the statement made was incorrect.
On July 18, 1933, 11 cans of the product having been seized and no claim or 
answer having been filed, judgment of condemnation was entered, and it was 
ordered by the court that the product be destroyed by the United States 
marshal.
M. L. WILSON, Acting Secretary of Agriculture.