681. Misbranding of olive oil.    TT. S. v. 44 Cases of Olive Oil.    Default decree
of condemnation, forfeiture, and destruction. (F. D. C. No. 1575. Sample 
No. 75047-D.)
The containers of this product were found to be short of the declared volume.
On March 4, 1940, the United States attorney for the Eastern District of 
Wisconsin filed a libel against 44 cases, each containing 24 bottles, of olive oil 
at Green Bay, Wis., alleging that the article had been shipped in interstate 
commerce on or about September 15 and November 6, 1939, by R. Gerber & Co. 
from Chicago, Ill.; and charging that it was misbranded. The product was 
labeled in part: "Joannes Quality Imported Pure Olive Oil * * * Distribu- 
tors Joannes Bros. Co., Green Bay, Wisconsin."
The article was alleged to be misbranded in that the statement "4 fluid ozs.," 
borne on the label, was false and misleading since it was incorrect. It was 
alleged to be misbranded further in that it was in package form and did 
not bear an accurate statement of the quantity of contents.
On April 24, 1940, no claimant having appeared, a decree of condemnation 
and forfeiture was entered and the product was ordered destroyed.