10543. Adulteration and Misbranding of olive oil. IT. S. * * * v. 6 
Gallon Cans, 25 Half-Gallon .Cans, and 75 Q.uart Cans * * * 
of * * * Olive Oil. Default decree of condemnation, forfei- 
ture, and destruction. (F. & D. No. 15342. I. S. Nos. 15415-t, 15416-t, 
15417-t.    S. No. E-3541.)
On or about August 11, 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 6 gallon cans, 25 half-gallon cans, and 75 quart cans of an
article purporting to be olive oil, remaining unsold at Paterson, N. J., alleging 
that the article had been shipped by I. Haber, New York, N. Y., on or about 
June 24. 1921, 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.
Adulteration of the article considered as a food was alleged in the libel for 
the reason that a substance, peanut oil, mixed in a manner whereby damage or 
inferiority was concealed, had been substituted wholly or in part for the said 
article and had been mixed and packed therewith so as to reduce, lower, or 
injuriously affect its quality or strength. Adulteration of the article considered 
as a drug was alleged for the reason that it was sold under a name recognized 
in the United States Pharmacopoeia, and differed from the pharmacopceial 
standard of strength, quality, or purity.
Misbranding of the article was alleged in substance for the reason that the 
package or label bore a statement, design, or device, regarding the said article 
or the ingredients or substances contained therein, as follows, " Olio d'Oliva 
Puro Importato Pure Imported Olive Oil Napoli Brand Net Contents One Gal." 
(or " Half-Gallon " or " One Quart") " This imported olive oil is guaranteed to 
be absolutely pure and especially adapted for medicinal and table use," together 
with similar statements in Italian and the cut of a foreign scene suggesting 
Naples, which were false and misleading and deceived and misled the pur- 
chaser. 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 that the statement made 
was not correct.
On February 9, 1922, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
C. W. PUGSLEY, Acting Secretary of Agriculture.