C7&7. Adulteration ami misbranding of olive oil. U. g. * * * v. 44?
Gallons of Alleg'ed Olive Oil. Consent decree of condemnation and?
forfeiture. Product ordered released, on X?ond. (F. & D. No. 9275.?
I. S. No?.  13653-13654-r.     S.  No.  E-100&.)
On August 30, 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 of the United States for said district a libel for the seizure?
and condemnation of 44 gallons of alleged olive oil at Newark, N. J., alleging?
that the article had been shipped on or about July 6, 1918, by N. P. Eeonomou?
and Theoclos, New York, N. T., and transported from the State of New York?
into the State of New Jersey, and charging adulteration and misbranding in?
violation of the Food and Drugs Act, as amended. The article was labeled:?
" Full Gallon Frate Del Bosco Lucca Brand Toscana-Italia Extra Fine Olive?
Oil Guaranteed Absolutely Pure" and " Olio Puro D'Oliva Lucca Tipo Italy?
Net Contents Full Gallon Olio Puro D'Oliva Garantito Produzione Propria."
Adulteration of the article was alleged in the libel for the reason that cot??
tonseed oil had been mixed and packed therewith, thereby reducing and lower??
ing the strength and injuriously affecting the quality of the article purporting?
to be olive oil, and for the further reason that cottonseed oil had been sub??
stituted in whole or in part for olive oil.
Misbranding of the article was alleged for the reason that the statement,?
to wit, " Olive Oil," borne on the label attached to the containers, was false?
and misleading in that it represented that the article contained therein was?
pure olive oil, whereas, in truth and in fact, it was not pure olive oil, as said?
statement would lead the purchaser to believe, but was a product consisting?
wholly or in part of cottonseed oil; and for the further reason that it was an imi??
tation of, and was offered for sale under the distinctive name of, another article,?
to wit, olive oil. Misbranding was alleged for the further reason that the?
statements, " Frate Del Bosco Toscana-Italia " and " Olio Puro D'Oliva Lucca?
Tipo Italy Garantito Produzione Propria," borne on the labels attached to the?
containers, were false and misleading in that they represented that the article?
was a foreign product, to wit, pure olive oil made in Italy, whereas, in truth?
and in fact, it was not made in Italy and was not a foreign product, but was?
a product consisting wholly or in part of cottonseed oil manufactured and?
packed in the United States. Misbranding was alleged for the further reason?
that the statements, " Full Gallon " and " Net Contents Full Gallon," borne on?
the labels attached to the containers, were false and misleading in that they?
represented that the net contents of each container was one full gallon of olive?
oil, whereas, in truth and in fact, the containers did not contain one full?
gallon of olive oil. 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 conspicuously marked on the outside of the package in terms of?
weight, measure, or numerical count.
On December 5, 1918, Antonio Aquilino, Newark, N. J., claimant, having ad??
mitted the truth of the allegations of the libel and consented to a decree, judg??
ment of condemnation and forfeiture was entered, and it was ordered by the?
court that the product should be released to said claimant upon the payment
300	
BUREAU   OF   CHEMISTRY.	
[Supplement 66,
of tlie costs of the proceedings and the execution of a bond in the sum of $300,?
in conformity with section 10 of the act, conditioned in part that the product?
should be relabeled under the supervision of a representative of this department.
J. R. RIGGS, Acting Secretary of Agriculture.