27449. Misbranding of olive oil.     TJ. S. v. 5 One-gallon Cans, 6 Half-gallon Cans,
14 One-quart Cans; and IT. S. v. 13 One-gallon Cans and 20 Half-gallon 
Cans of Olive Oil. Consent decrees of condemnation. Product released 
under bond to be relabeled. (F. & D. nos. 39552, 39553. Sample nos. 
32887-C, 32889-C.)
This case involved olive oil that was short in volume.
On May 5 and May 6, 1937, the United States attorney for the District of 
Oregon, acting upon reports by the Secretary of Agriculture, filed in the district 
court libels praying seizure and condemnation of 58 cans of olive oil in part at 
Portland, Oreg., and in part at Astoria, Oreg., alleging that the article had been 
shipped in interstate commerce on or about March 7 and April 1, 1937, by the 
Lucca Olive Oil Co., from San Francisco, Calif., and charging misbranding in 
violation of the Food and Drugs Act as amended. The article was labeled in 
part: "Gold Deer Brand Pure Olive Oil Manufactured and Packed by Lucca 
Olive Oil Co., Lucca, Cal. Contents 1 Gallon [or "Contents V2 Gallon" or "Contents 
1 Quart"]."
It was alleged to be misbranded in that the statements, "Contents 1 Gallon", 
"Contents % Gallon", and "Contents 1 Quart", borne on the labels, were false and 
misleading and tended to deceive and mislead the purchaser when applied to an 
article that was short in volume; and in 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 quantity stated was not correct.
On June 2, 1937, the Lucca Olive Oil Co., of Lindsay, Calif., having appeared 
as claimant and having consented to the entry of decrees, judgments of condemna- 
tion were entered and the product was ordered released under bond conditioned 
that it be relabeled under the supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.