23126. Misbranding of olive oil.    U.  S. v. 100 Cases of Olive Oil.     Consent
decree of condemnation.    Product released under bond to be re- 
labeled or repacked.     (F. & D. no. 33428.    Sample no. 421-B.)
Sample cans of olive oil taken from the shipment involved in this case were 
found to contain less than 4 fluid ounces, the labeled volume.
On September 7, 1934, the United States attorney for the Southern District 
of California, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 100 cases of olive 
oil at Los Angeles, Calif., alleging that the article had been shipped in inter- 
state commerce, on or about August 11, 1934, by the Pompeian Olive Oil Corpo- 
ration, from Baltimore, Md., and charging misbranding in violation of the 
Food and Drugs Act as amended. The article was labeled in part: " Con- 
tents 4 F. Ozs. Pompeian Virgin Pure Imported Olive Oil."
The article was alleged to be misbranded in that the statement on the label, 
" Contents 4 F. Ozs.", was false and misleading and tended to deceive and 
mislead the purchaser; and in that it was food in package form, and the quan- 
tity of the contents was not plainly and conspicuously marked on the outside 
of the package, since the statement made was incorrect.
On September 13, 1934, the Pompeian Olive Oil Corporation, Baltimore, Md., 
claimant, having admitted the allegations of the libel, judgment of condemna- 
tion was entered and it was ordered that the product be released to the claimant 
under bond, conditioned that it be relabeled or repacked under the supervision 
of this Department.
M. L. WILSON, Acting Secretary of Agriculture.