10545. Misbranding of compound oil.    U. S.     *     *     *     v. 13 Cans     *     *     *
of   Compound   Oil.     Default   decree   of   condemnation,   forfeiture, 
and destruction.    (F. & D. No. 14988.    I. S. No. 6621-t.    S. No. B-3387.)
On June 24, 1921, the United States attorney for the District of New Jersey, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for said district a libel for the seizure and condemnation 
of 13 gallon cans of compound oil, remaining unsold at Newark, N. J., alleging 
that the article had been shipped by the Economu-Ritsos Co., Inc., New York, 
N. Y., on or about May 26, 1921, and transported from the State of New York 
into the State of New Jersey, and charging misbranding in violation of the 
Food and Drugs Act, as amended. The article was labeled in part: " Extra 
Fine Quality Oil For Salads Victory Brand * * * Packed by Economu- 
Ritsos Co. Inc. New York."
Misbranding of the article was alleged in the libel for the reason that the 
statement borne on the cans containing the article, concerning the quantity of 
the article contained therein, to wit, "Net Contents One Gallon," was false 
and misleading, since the said cans did not contain one gallon net of the said 
article but contained a less quantity, and for the further reason that the article 
was labeled as aforesaid so as to deceive and mislead the purchaser into the 
belief that the said cans each contained one gallon net of the said article,
whereas, in truth and in fact, the said cans did not contain one gallon net 
of the article but contained a less amount. Misbranding was alleged for 
the further reason that the article was food in package form, and the quartity 
of the contents was not plainly and conspicuously marked on the outside of 
the package, since the net quantity stated was more than the actual contents 
of the said package.
On February 9, 3922, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the prqduet be destroyed by the United States marshal.
C. W. PUOSLEY, Actinr/ Secretary of Agriculture.