29695. Misbranding of olive oil.     U. S. v. 34 Gallons of Olive Oil.     Default de¬
cree of condemnation and destruction.     (F. & D. No. 44077.    Sample Nos. 
26505-D, 26508-D.)
This product was short of the declared volume.
On October 5, 1938, the United States attorney for the District of New Jersey, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 34 gallons of olive oil at New 
Brunswick, N. J.; alleging that the article had been shipped in interstate com- 
merce, on or about July 27, 1938, by Antonio Corrao, from New York, N. Y.; and 
charging misbranding in violation of the Food and Drugs Act as amended. The 
article was labeled in part: "One Gallon Net Madre Sicilia Olive Oil * * * 
Sicilian Olive Oil Importing Co."
It was alleged to be misbranded in that the statement "One Gallon Net" 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.
On November 3, 1938, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.