26014. Misbranding of  salad oil.     U.  S. v. Forty 1-Gallon  Cans and 22 Half-
Gallon Cans of Salad Oil. Default decree of condemnation. Product 
turned over to a public Institution. (E\ & D. no. 37327. Sample no. 
57017-B.)
This case involved shipment of salad oil that was short in volume.
On March 6, "1936, the United States attorney for the Eastern District of 
Michigan, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of forty 1-gallon cans 
and 22 half-gallon cans of salad oil at Detroit, Mich., alleging that the article 
had been shipped in interstate commerce on or about January 31, 1936, by 
A. J. Capone Co. Inc., 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 [or "Half Gallon"] Buffalo Brand » * * Packed by De 
Luca Olive Oil Co., Inc., New York."
The article was alleged to be misbranded in that the statements on the label, 
"One Gallon" or "Half Gallon", as the case might be, were false and misleading 
and tended to deceive and mislead the purchaser when applied to a product 
which was short in volume; and in that it was food in package form and the 
quantity of contents was not plainly and conspicuously marked on the outside 
of the package since the quantity stated was not correct.
On May 5, 1936, no claimant having appeared, judgment of condemnation was 
entered and it was ordered that the product be turned over to a public 
institution.
W. R. GEEGG, Acting Secretary of Agriculture.