21670. Misbranding of oil.    TJ. S. v. 32 Cans of Oil.    Default decree of con-
demnation, forfeiture, and  destruction.     (F. & D. no. 29888.     Sample 
no. 34895-A.)
Sample cans of oil taken from the shipment involved in this case were found 
to contain less than 1 gallon, the labeled volume.
On February 25, 1933, the United States attorney for the Eastern District 
of Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 32 cans of oil 
at Philadelphia, Pa., alleging that the article had been shipped in interstate 
commerce on or about February 6, 1933, by the Italian Food Products Corpora- 
tion of America, from Trenton, N.J., and charging misbranding in violation of 
the Food and Drugs Act as amended. The article was labeled in part: " Olio 
Doppia Stella La Doppia * * * Double Star Brand * * * Cooking and 
Table Oil   *    *   *   Net Contents One Gallon."
It was alleged in the libel that the article was misbranded in that the state- 
ment 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 con- 
tents was not plainly and conspicuously marked on the outside of the package, 
since the statement made was incorrect.
On October 5, 1933, no defense to the charges in the libel having been inter- 
posed by the claimant, the Italian Food Products Corporation of America, 
judgment of condemnation and forfeiture 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.