21366. Misbranding of   olive   oil.     U.   S.   v.   23   Gallons   of   Olive   Oil.     De¬
fault  decree  of  condemnation, forfeiture,  and  sale.      (F.  & D.  no.
30577.    Sample no. 32141-A.)
This case involved a shipment of olive oil, sample cans of which were found 
to contain less than 1 gallon, the volume declared on the label.
On June 12, 1933, the United States attorney for the Middle District of Penn- 
sylvania, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 23 gallons of olive oil 
at Scranton, Pa., alleging that the article had been shipped in interstate com- 
merce on or about March 2, 1933, by Ossola Bros., Inc., from New York, N.Y., 
and charging misbranding in violation of the Food and Drugs Act as amended. 
The article was labeled in part: " 1 gallon net grande Italia brand extra of 
sublime Virgin Olive Oil."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, " 1 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 
statement made was incorrect.
On August 16, 1933, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered and it was ordered by the court 
that the words, " One Gallon ", be obliterated from the can label and that the 
article be sold by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.