26334. Misbranding of olive oil.    U. S. v. 12 Dozen Bottles of Olive Oil.    De¬
fault   decree   of   condemnation   and   destruction.     (F.   &   D.   no.   37718. 
Sample no. 59495-B.)
This case involved olive oil that was short in volume.
On or about June 10, 1936 the United States attorney for the District of 
Arizona, acting upon a report by the  Secretary of Agriculture, filed in the
district court a libel praying seizure and condemnation of 12 dozen bottles of 
olive oil at Phoenix, Ariz., alleging that the article had been shipped in inter- 
state commerce on or about April 29, 1936, by the Superior Laboratory from 
Los Angeles, Calif., and charging misbranding in violation of the Food and 
Drugs Act as amended. The article was labeled in part: (Bottle) "Three Star 
Pure Virgin Olive Oil USP One Pint Pacific Pharmacal Laboratories Los 
Angeles Calif."
The article was alleged to be misbranded in that the statement on the label, 
"One Pint", was false and misleading and tended to deceive and mislead the 
purchaser since it applied to a product in bottles containing less than 1 pint; 
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 incorrect.
On or about September 15, 1936, no claimant having appeared judgment 
of condemnation was entered and it was ordered that the product be destroyed.
M. L. WJXSOIT, Acting Secretary of Agriculture.