21940. Adulteration and misbranding of olives.    V. S. v. 22 Cases of Olives.
Default    decree    of    condemnation,   forfeiture,   and   destruction.
(F. & D. no. 31768.    Sample no. 66009-A.)
This case involved a shipment of olives which were in part wormy and which 
were also short volume.
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 district 
court a libel praying seizure and condemnation of 22 eases of olives at Engle- 
wood, N.J., alleging that the article had been shipped in interstate commerce on 
or about October 17, 1933, by Max Block & Co., Inc., from New York, N.Y., and 
charging adulteration and misbranding in violation of the Food and Drugs Act 
as amended. • The article was labeled in part: (Case) " Salome Brand 1 Doz. 
32 Oz. Selected Queen Olives ", (bottle) " Salome Brand Selected Olives Con- 
tents 32 F. Oz. Max Block & Co. Inc. Distributors, New York."
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 statements, (case) "32 Oz." 
(bottle) "Contents 32 F. Oz.", were 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 state- 
ment made was incorrect.
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.