10737.?Misbranding of olive oil.    U. S. v. 8 Cans of Olive Oil.     Consent de?
cree of condemnation and forfeiture. Product released under?
bond.     (F. & D. No. 15152.    I. S. No. 8362-t. , S. No. B-3564.)
On September 2,1921, the United States attorney for the District of Columbia,?
acting upon a report by the Secretary of Agriculture, filed in the Supreme?
Court of the District aforesaid, holding a district court, a libel for the seizure,?
and condemnation of 8 cans of olive oil, at Washington, D. C, alleging that the?
article was being offered for sale and sold by Angelo Chicca at Washington,?
D. C, and charging misbranding in violation of the Food and Drugs Act, as?
amended. The article was labeled in part: " Imported Golden Gate Brand?
* * * Net Contentsi 1 Gallon * * * The European Export Corp. Wash??
ington, D. C, U. S. A.    *    *    *   Italy   *    *    *   "
Misbranding of the article was alleged in substance in the libel for the reason?
that the statement, to wit, " Net Contents 1 Gallon," borne on the cans contain??
ing the said article, concerning the net quantity of the olive oil contained?
therein, was false and misleading in that the said statement represented?
that the said cans contained 1 gallon net of the said article, and for the further?
reason that it ,was labeled as aforesaid so as to deceive and' mislead the pur??
chaser into the belief that each of said cans contained 1 gallon net of the article,?
whereas, in truth and in fact, each of said cans contained a less quantity.?
Misbranding was alleged for the further reason that the article was food in?
package form, and the quantity of the contents was not plainly and conspicu??
ously marked on the outside of the package, since the stated quantity, to wit,?
" Net Contents 1 Gallon," was not correct and represented more than the actual?
contents of the said package.
On October S, 1921, the European Export Corp., claimant, having consented?
to a decree, judgment of condemnation and forfeiture was entered, and it was?
ordered by the court that the product be released to said claimant upon pay??
ment of the costs of the proceedings and the execution of a good and sufficient?
bond, in conformity with section 10 of the act.
C. W. PTJGSLEY, Acting Secretary of Agriculture.