22893. Misbranding of  olive  oil.    U.  S.  v.  34  Cans  of  Olive   Oil.     Default
decree   of   condemnation,   forfeiture,   and   destruction.   (F.   &   D.
no.  32236.    Sample no.  67412-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 March 5, 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 34 cans of olive oil at Newark, 
N. J., alleging that the article had been shipped in interstate commerce, on OP 
about February 1, 1934, by A. Corrao, from New York, N. Y., and charging mis- 
branding in violation of the Food and Drugs Act The article was labeled in 
part: ." One Gallon Net La Prosperita Brand Superfine Lucca Virgin Olive Oil 
Imported by D. Prospero Newark, N. J."
The article was alleged to be misbranded in that the statement on the label, 
" One Gallon Net", was false and misleading and tended to deceive and mislead 
the purchaser; and for the further reason that it 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 September 26, 1934, no claimant having appeared, judgment of condemna- 
tion and forfeiture was entered, and destruction of the product was ordered.
M. L. WILSON, Acting Secretary of Agriculture.