22385. Misbranding of olive oil. IT. S. v. 38 Cans of Olive Oil. Consent 
decree of condemnation and forfeiture. Product released under 
bond to be repackaged and properly labeled. (F. & D. no. 30406. 
Sample no.  31991-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 May 4, 1933, the United States attorney for the District of Connecticut, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 38 cans of olive oil at-Hartford, 
Conn., alleging that the article had been shipped in interstate commerce, on 
or about April 18, 1933, by the Italian Olive Oil Corporation from New York, 
N. Y., and charging misbranding in violation of the Food and Drugs Act as 
amended. The article was labeled in part: " Contains One Full Gallon * * * 
C. B. CrisafuUi Brand Choicest Pure Olive Oil."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, " Contains One Full 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.
On April 5,1934, the Italian Olive Oil Corporation, New York, N. Y., claimant, 
having admitted the allegations of the libel and having consented to the entry 
of a decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the claimant upon payment 
of costs and the execution of a bond in the sum of $200, conditioned that it be 
emptied into other containers and properly labeled as to the quantity of the 
contents.
M. L. WILSON, Acting Secretary of Agriculture.