23187. Misbranding1 of olive oil.    U. S. v. 25 Cartons of Olive Oil.    Default
decree of condemnation. Product ordered delivered to chari- 
table organizations, or destroyed. (F. & D. no. 33400. Sample no. 
511-B.)
Sample bottles of olive oil taken from the shipment involved in this case 
were found to contain less than 4 ounces, the declared volume.
On September 10, 1934, the United States attorney for the District of Oregon, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 25 cartons of olive oil at Portland, • 
Oreg., alleging that the article had been shipped in interstate commerce, on 
or about August 23, 1934, by an agent of the Pompeian Olive Oil Corporation, 
of Baltimore, Md., from Los Angeles Harbor, Calif., and charging misbranding 
in violation of the Food and Drugs Act as amended. The article was labeled 
in part: (Bottle) "Contents Four F. Ozs. Pompeian Virgin Pure Imported 
Olive Oil."
The article was alleged to be misbranded in that the statement on the label, 
" Contents Four 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 
quantity of the contents was not plainly and conspicuously marked on the out- 
side of the package, since the statement made was incorrect.
On October 31, 1934, no claimant having appeared, judgment of condemna- 
tion was entered and it was ordered that the product be delivered to a char- 
itable organization or destroyed.
M. L. WILSON, Acting Secretary of Agriculture.