21351. Misbranding of olive oil.    U. S. v. 79 Half-Gallon Cans and Thirty
Gallon Cans of Olive Oil. Default decree of condemnation, for- 
feiture, and sale.     (F. & D. no. 30627.    Sample nos. 32139-A, 32140-A.)
This case involved quantities of olive oil which was found to be short 
volume.
On June 20,1933, the United States attorney for the Middle District of Penn- 
sylvania, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of fifteen 1-gallon 
Cans and 15 half-gallon cans of olive oil at Scranton, Pa. On September 1,1933, 
an order was entered amending the libel to cover 79 half-gallon cans and thirty 
1-gallon Kans. It was alleged in the libel as amended that the article had been 
shipped in interstate commerce on or about December 19, 1931, by A. Russo & 
Co., from Chicago, Ill., and that it was misbranded in violation of the Food 
and Drugs Act as amended. The article was labeled in part: " One Gallon Net 
[or "One Half Gallon Net"] Diana Brand Superfine Olive Oil Imported by 
A. Russo & Co."
The libel charged that the article was misbranded in that the statements on 
the labels, " One Gallon " and " One Half Gallon", 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 statements made were incorrect.
On September 25, 1933, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be relabeled and sold by the United States marshal.
M. L. WELSON", Acting Secretary of Agriculture.