30447. Misbranding of olive oil.    V. S. v. 158 Cans of Olive Oil.    Default decree
of condemnation.    Product ordered delivered to a charitable or relief 
organization.    (F. & D. No. 44268.    Sample No. 45404-D.)
This product was short of the declared volume.
On November 8, 1938, the United States attorney for the Eastern District of 
North Carolina, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 158 cans of olive 
oil at Fort Bragg, N. C.; alleging that the article had been shipped in interstate 
commerce on or about September 1, 1938, by West Tea & Coffee Co., Inc., from 
New York, N. Y.; and charging misbranding in violation of the Food and Drugs 
Act as amended. The article was labeled in part: "West's Monterey Brand 
Edible Olive Oil."
It was alleged to be misbranded in that the statement "Net Contents 1 Pint" 
was false and misleading and tended to deceive and mislead the purchaser when 
applied to an article that was short 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 March 21, 1939, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered delivered to a charitable or relief 
organization for its own use.
M. L. WILSON, Acting Secretary of Agriculture.