28890. Misbranding of olive oil.    U. S. v. 3 Gases of Olive OH.    Product adjudged
misbranded and ordered delivered to a welfare organization.     (F. & D.
No. 41907.    Sample No. 11551-D.)
This product was short of the declared volume.
On March 8, 1938, the United States attorney for the District of Utah, acting 
upon a report by the Secretary of Agriculture, filed in the district court a libel 
praying seizure and condemnation of three cases of olive oil at Salt Lake City, 
Utah, alleging that the article had been shipped in interstate commerce on or 
about January 3, 1938, by Parodi, Erminio & Co. from San Francisco, Calif., and 
charging misbranding in violation of the Food and Drugs Act as amended. The 
article was labeled in part: "Virgin Olive Oil * * * Packed For G. Simi. 
Parodi, Erminio and Co., Inc., Distributors, San Francisco, Calif."
It was alleged to be misbranded in that the statement borne on the label, "Net 
Contents One Quart," was false and misleading and tended to deceive and mis- 
lead the purchaser when applied to an article that was short volume. It was 
alleged to be misbranded further 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 April 30, 1938, no claimant having appeared, adjudication of misbranding 
was entered and the product was ordered delivered to a welfare organization.
M. L. WILSON, Acting Secretary of Agriculture.