21908. Misbranding of  olive   oil.     U.  S.   v.  14  Cans   of  Olive   Oil.     Default
decree of condemnation, forfeiture, and destruction.     (F. & D. no.
31277.    Sample nos. 56236-A, 56256-A.)
Sample cans of olive oil taken from the shipment involved in this case were 
found to contain less than 1 gallon, the labeled volume.
On October 28, 1933, the United States attorney for the Northern District of 
Texas, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 14 cans of olive oil at 
Dallas, Tex., alleging that the article had been shipped in interstate commerce 
on or about September 11, 1933, by Uddo-Taormina Corporation, from Brooklyn, 
N.Y., and charging misbranding in violation of the Food and Drugs Act as 
amended. The article was labeled, in part: " Pure Olive Oil * * * Im- 
ported by Uddo-Taormina Corp., Italy, Contents One Gallon."
It was alleged in the libel that the article was misbranded in that the 
statement, " Net Contents One Gallon ", borne on the label, was false and mis- 
leading, since the article was short volume.
On January 9, 1934, no claimant having appeared for the property, 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. Ii, WILSON, Acting Secretary of Agriculture.