10242. Misbranding of olive oil. IT. S. * * * v. 48 Gallon Cans of?
* * * Olive Oil, et al. Defanlt decrees of condemnation, for??
feiture, and sale. (F. & D. Nos. 15334, 15345. I. S. Nos. 5486-t, 5092-t,?
5093-t, 5094-t.    S. Nos.  R-3519, E^3536.)
On July 29 and August 5, 1921, respectively, the United States attorney for?
the District of Massachusetts, acting upon reports by the Secretary of Agricul??
ture, filed in the District Court of the United States for said district libels?
for the seizure and condemnation of 48 gallon cans, 15 half-gallon cans, 24?
quarter-gallon cans, and 32 eighth-gallon cans of olive oil, consigned May 3?
and May 20, 1921, respectively, remaining in the original unbroken packages?
at Lawrence and Fall River, Mass., respectively, alleging that the article had?
been shipped by the Alpha Importing Co., New York, N. Y., and transported?
from the State of New York into the State of Massachusetts, and charging?
misbranding in violation of the Food and Drugs Act, as amended. The article?
was labeled in part: (Cans) "Marconi Brand Finest Pure Olive Oil * * *?
One Full Gallon," " Half Full Gallon," " Quarter Full Gallon " or " Eighth Full?
Gallon."
Misbranding of the article was alleged in the libels for the reason 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. Misbranding was alleged?
with respect to the shipment of May 20 for the further reason that the package?
or label bore a statement, design, or device regarding the article or the in??
gredients or substances contained therein, which was false and misleading and?
deceived and misled the purchaser.
On January 27, 1922, no claimant having appeared for the property, judg??
ments of condemnation and forfeiture were entered, and it was ordered by the?
court that the product be sold by the United States marshal.
C. W. PUGSLEY, Acting Secretary of Agriculture.