10516. Adulteration and Misbranding of oil. U. S. * * * v. 200 One Gallon Cans, 10O One-Half Gallon Cans, and 24 One-Q,uarter Gal- lon Cans of * * * L.?, Provence Brand Oil, 6 One Gallon Cans of * * * Caproni Brand Oil, et al. Consent decrees of con- demnation and forfeiture entered with respect to the La Prov- ence Brand oil and a portion of the Caproni Brand oil and said products released under bond. Default decrees of condemnation and forfeiture entered with respect to the remainder and prod- ucts delivered to the Salvation Army for consnniption. (P. & D. Nos. 15231, 15232, 15233, 15235, 15236, 15244, 15245, 15246, 15283, 15355. S. Nos. E-3470, E-3473, Er-3474, Ei-3475, E-3467, EJ-3479, E-3483, E-3484, E-3495, E-3566. I. S. Nos. 6236-t, 6238-t, 6239-t, 6240-t, 6241-t, 6243-t, 6244-t, 6249-t, 6714-t, 6715-t, 7030-t, 15401-t, 15402-t, 15403-t, 15404-t, 15405-t, 15406-t, 15407-t.) On July 22, 26, and 27, August 5, and September 2, 1921, respectively, the United States attorney for the Southern District of New York, acting upon reports by the Secretary of Agriculture, filed in the District Court of the United States for said district various libels and on August 11, 1921, amendments to certain of the said libels, praying the seizure and condemnation of 200 gallon cans, 100 half-gallon cans, and 24 quart cans of La Provence Brand oil, 12 gal- lon cans, 12 half-gallon cans, and 24 quart cans of Caproni Brand oil, 23 gallon cans of a compound of vegetable oils, and 14 gallon cans and 22 half-gallon cans of oil, remaining in the original unbroken packages at New York, N. Y., alleg- ing that the articles had been shipped by the Littauer Oil Co., Guttenberg, N. J., between the dates May 4 and June 17, 1921, and transported from the State of New Jersey into the State of New York, and charging that a portion of the said articles was adulterated and misbranded and the remainder thereof misbranded, in violation of the Food and Drugs Act, as amended. The articles were labeled variously in part: " La Provence Brand Oil * * * Pressed From Cotton Seeds * * * Better Than Olive Oil * * * Littauer Oil Co., Gutten- berg, N. J."; " Caproni Brand Oil For Salads and Cooking Blended With Pure Olive Oil * * * Better Than Olive Oil * * * One Gallon" (or " One Half Gallon" or "One Quart") ; "Olio Puro Brand Olio Per Insalata Come L'Olio D'Oliva * * * A Compound Of Vegetable Oils Blended With Pure Olive Oil One Gallon * * * " ; and " One Gallon " (or " One Half Gallon ") " Olivolo Brand Olio Per Insalata Come L'Olio D'Oliva * * * A Pure Salad Oil Blended With Olive Oil Packed by Littauer Oil Co. Guttenberg, N. J. * * * " Adulteration of the Olio Puro Brand and the Olivolo Brand oils was alleged in the libels for the reason that cottonseed oil had been mixed and packed with and substituted wholly or in part for the said articles, and for the further reason that they had been mixed in a manner whereby damage or inferiority was concealed. Misbranding of the said Olio Puro Brand and the Olivolo Brand oils was alleged for the reason that they were imitations of, and offered for sale under the distinctive name of, another article, and for the further reason that they purported to be foreign products when not so. Misbranding was alleged with respect to the said oils for the further reason that the package or label bore the above-quoted statements, designs, and devices regarding the articles or the ingre- dients and substances conta'ned therein, together with the use of the Italian language, which were false and misleading and deceived and misled the pur- chaser. Misbranding of the La Provence-Brand and the Caproni Brand oils was alleged for the reason that the statements on the respective containers, to wit, " One Quart," " One Gallon," or " One Half Gallon," as the case might be, were false and mislead.'ng and deceived and misled the purchaser, and for the fur- er reason that the said articles were food in package form, and the quantity the contents was not plainly and conspicuously marked on the outside ?f the package. On November 25, 1921, the cases involving 200 one-gallon cans, 100 one-half gallon cans, and 24 one-quarter gallon cans of La Provence Brand oil and 6 one- gallon cans of Caproni Brand oil having been consolidated into one action, and the Littauer Oil Co., Guttenberg, N. J., claimant, having admitted the allega- tions of the libels and having consented to the entry of decrees, judgments of condemnation and forfeiture were entered, and it was ordered by the court that the products be released to the said claimant upon payment of the costs of the proceedings and the execution of a bond in the sum of $500, in conformity w4th section 10 of the act, conditioned in part that the alleged gallon cans be re- marked, "3 quarts, 1 pint, 7 fluid ounces" and that the half-gallon cans be re- marked " 1 quart, 1 pint, 13 fluid ounces." 1 On February 6 and March 13 and 21, 1922, respectively, no claimant having appeared for the remainder of the oil, judgments of condemnation and forfeiture were entered, and it was ordered by The court that the labels be obliterated from the cans and that the products be delivered to the Salvation Army for consumption and not for sale. C. W. PUGSLEY, Acting Secretary of Agriculture.