22746. Misbranding of olive  oil.    17.  S. v. 32  Cases  of  Olive Oil.     Consent
decree of condemnation and forfeiture.    Product released under 
bond to be relabeled.    (F. & D. no. 32500.    Sample no. 51672-A.)
Sample cans of olive oil taken from the shipment in this case were found to 
contain less than 1 gallon, the labeled volume.
On April 14, 1934, the United States attorney for the Middle District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the
district court a libel praying seizure and condemnation of 32 cases of olive oil 
at Scranton, Pa., alleging that the article had been shipped in interstate com- 
merce, on or about May 3, 1933, and February 27, 1934, by Strohmeyer & Arpe 
Co., from New York, N. Y., and charging misbranding in violation of the Food 
and Drugs Act as amended. The article was labeled in part: " One Gallon 
Anita B and Pure Olive Oil Imported Product United Pure Food Co., N. Y. 
Importers and Packers."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, "One Gallon", was false and misleading and tended to 
deceive and mislead the purchaser. Misbranding was alleged for the further 
reason that the article was food in package form and the quantity of the con- 
tents was not plainly and conspicuously marked on the outside of the package, 
since the statement made was incorrect.
On June 19, 1934, Strohmeyer & Arpe Co., 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 $500, conditioned that it be relabeled to show 
the exact quantity of the contents.
M. L. WILSON, Acting Secretary of Agriculture.