21939. Adulteration and misbranding of olives.     V. S. v. 24 Cases of Olives.
Default    decree    of    condemnation,    forfeiture,    and   destruction.
(F. & D. no. 31767.    Sample no. 52318-A.)
This case involved a shipment of olives which were in part wormy and which 
were not labeled with a plain and conspicuous statement of the quantity of the 
contents, since the declaration on the label was not made in the terms of the 
largest unit, namely, 1 quart.
On December 22, 1933, the United States attorney for the District of New 
Jersey, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 24 cases of olives at 
New Brunswick, N.J., alleging that the article had been shipped in interstate 
commerce on or about November 13, 1933, by B. M. Reeves, from Brooklyn, N.Y., 
and charging adulteration and misbranding in violation of the Food and Drugs 
Act as amended. The article was labeled in part: (Jar) "College Town 
Spanish Olives Contents 32 Oz."
It was alleged in the libel that the article was adulterated in that it consisted 
wholly or in part of a filthy vegetable substance.
Misbranding was alleged for the 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 quantity was not declared in terms of 
the largest unit.
On January 31,1934, 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. L. WILSON, Acting Secretary of Agriculture.