31154. Adulteration and misbranding of olive oil. U. S. v. 299 Gallon Cans, 63 
Half-Gallon Cans, and 83 Quart Cans of Olive Oil (and 1other seizure 
action involving olive oil). Consent decree of condemnation. Product 
ordered released under bond for technical use. (F. & D. Nos. 37453, 37454. 
Sample Nos. 67702-B, 67703-B.) 
Examination of this product showed that it contained tea-seed oil and that the 
half-pint cans contained less tha&JthffiMJeei«Be& volume.
On March 30j 1936, the United States attorney for the Northern District of 
Ohio filed libels against 308 gallon-cans, 77 half-gallon cans, 130 quart cans, 62 
pint cans, 78 half-pint cans, and 57 2-ounce bottles of olive oil at Youngstown, 
Ohio, alleging that the article had been shipped in interstate commerce on or 
about August 28 and October 19 and 25, 1935, by the Agash Refining Corporation 
from Brooklyn, N. Y.; and charging that it was adulterated and misbranded.
The article was alleged to be adulterated in that tea-seed oil had been mixed 
and packed therewith so as to reduce its quality or strength and had been substi- 
tuted wholly or in part for olive oil. 
It was alleged to be misbranded: (1) In that the following or similar statements 
in the labeling, (cans) "Imported Product Pure Olive Oil * * * The Olive Oil 
contained in this can is pressed from fresh picked high grown fruit. It is especi- 
ally adapted for medicinal and table use and guaranteed to be absolutely 
pure * * * Italian Product Pure Olive Oil * * * Italy * * * [de- 
signs of an olive tree, olive branches with olives, crown, and the Italian flag and 
shield]," and (bottles) "Olio d Oliva Vergine * * * Italia," were false and 
misleading and tended to deceive and mislead the purchaser when applied to a 
prodfret containing tea-seed OIL '(2)*In that it was.offered for sale under the 
distinctive name of another product, i. e., olive oil. (3) (half-pint cans only) 
In that the statements on the label, "Net Contents One Full Half-Pint * * * 
Contents %e Gallon Netto," were false and misleading and tended to deceive 
and mislead the purchaser when applied to a product in cans containing less than 
one-half pint. (4) (half-pint cans only) 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. 
,.Jin      IT.    .     ^ T> * •
On June 10, 1942, the cases having been consolidated, and the Agash Refining 
Corporation, claimant, having admitted the allegations of the libel for the pur- 
pose of the instant cases only, judgment of condemnation was entered, and the 
product was ordered released under bond conditioned that it be transferred to 
the plant of the claimant and dumped into drums or tanks and denatured and 
sold for technical use only.