22711.  Misbranding of  salad  oil.     U.   S.  v.  78  Cans  of  Salad   Oil.     Default 
decree of condemnation, forfeiture, and destruction.     (F.  & D. no.
32031.    Sample no. 67408-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 February 26, 1934, 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 72 cans of salad oil at Bay- 
onne, N. J., alleging that the article had been shipped in interstate commerce 
on or about March 16 and April 20, 1933, by the Manhattan Coffee & Sugar Co., 
from Long Island City, N. Y., and charging misbranding in violation of the 
Food and Drugs Act as amended. The article was labeled in part: "Net 
Contents One Gallon Salco Salad Oil Full Measure * * * Ragus Packing 
Corporation Long Island City, N. Y."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, " Net Contents One Gallon    *    *    *    Full Measure", was
false and misleading and tended to deceive and mislead the purchaser. Mis- 
branding was alleged for the further reason that the article was food in package 
form and regularity of the contents was not plainly and conspicuously marked 
on the outside of the package, since the statement made was incorrect.
On July 20, 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.