21868. Misbranding of  olive  oil.    U.   S.  v.  87  Cans  of  Olive  Oil.    Product
released under bond for repacking. (F. & D. no. 31659. Sample no. 
61378-A.)
Sample cans of olive oil taken from the shipment involved in this case were 
found to contain less than one-half gallon, the declared volume.
On November 29, 1933, the United States attorney for the District of Utah, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 87 cans of olive oil at Salt Lake 
City, Utah, alleging that the article had been shipped in interstate commerce on 
or about September 23, October 16, and November 7, 1933, by Monteverde & 
Parodi, from San Francisco, Calif., and charging misbranding in violation of 
the Food and Drugs Act as amended. The article was labeled in part: "Pure 
Extra Fine Olive Oil Half Gallon."
It was alleged in the libel that the article was misbranded in that the 
statement on the label, " Half 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.
The Italian Importing Co., Salt Lake City, Utah, filed a claim and answer 
praying release of the product and admitting the allegations of the libel. On 
January 10, 1934, costs having been paid and a good and sufficient bond filed, a 
decree was entered ordering release of the product to the claimant on condition 
that it be repacked in properly labeled 5-gallon Kans.
M. L. WILSON, Acting Secretary of Agriculture.