29665. Misbranding of olive oil.    U. S. v. 13 Cans of Olive OU.    Default decree
of  condemnation.     Product   delivered to  public  institution.     (F.  & D.
No. 41836.   Sample No. 14952-D.)
This product was short of the declared volume.
On February 26, 1938, the United States attorney for the Western District 
of Washington, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 13 cans of olive 
oil at Tacoma, Wash.; alleging that the article had been shipped in interstate 
commerce on or about September 8, 1936, 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 Net Contents % Gallon Packed 
for G. Simi   Parodi, Brminio & Co., Distributors, San Francisco."
Misbranding was alleged'in that the statement "Net Contents % Gallon" was 
false and misleading and tended to deceive and mislead purchasers; and in 
that the article 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 October 17, 1938, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered delivered to a public institution.
M. L. WILSON, Acting Secretary of Agriculture.