27520. Misbranding of olive oil.    U. S. v. 76 Cans of Olive Oil.    Consent decree
of condemnation.    Product released under bond to be relabeled.     (F. &
D. no. 39582.    Sample no. 32903-C.)
This case involved olive oil that was short in volume.
On May 13, 1937, 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 76 cans of olive oil at Portland, 
Oreg., alleging that it had been shipped in interstate commerce on or about 
September 30, 1936, and February 10, 1937, by G. Granucci & Sons from San 
Francisco, Calif., and charging misbranding in violation of the Food and Drugs 
Act as amended.   The article was labeled in part: "One Full Gallon Gold Label
Virgin Olive Oil * * * Imported & Distributed by G. Granucci & Sons 
San Francisco."
It was alleged to be misbranded in that the statement "One Full Gallon", 
borne on the can label, was 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 May 28, 1937, G. Granucci & Sons having appeared as claimant and having 
consented to the entry of a decree, judgment of condemnation was entered and 
the product was ordered' released under bond conditioned that it be relabeled.
M. L. WILSON, Acting Secretaryof Agriculture.