10614.?Adulteration  and   misbranding  of   olive   oil.     U.   S.     *     *      *     v.   48
Cans * * * of Olive Oil * * *. Default decree of condem??
nation, forfeiture, and destruction. (F. & D. No. 14951. I. S. No.?
6266-t.    S. No. R-3364.)
On May 27, 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 48 cans of olive oil, remaining in the original unbroken packages at Bayonne,?
N. J., alleging that the article had been shipped by Vincent Carrara, New York,?
N. Y., on or about March 30, 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 was alleged in the libel for the reason that a?
substance, to wit, cottonseed oil, had been substituted wholly for pure and?
extra fine olive oil, which the article purported to be.
Misbranding was alleged in substance for the reason that the statements,?
to wit, " Extra Fine Olive Oil Olio D'Oliva Purissimo Importato Italia Brand?
Quest 'Olio Di Oliva Risulta Assolutamente Puro Sotto Analisi Chimica," to??
gether with the designs of a crown, lion, and olive branches, borne on the cans?
containing the article, concerning the said article and the ingredients contained?
therein, were false and misleading in that the said statements and designs?
represented the article to be pure olive oil of extra fine quality, imported from?
a foreign country, and for the further reason that the article was labeled as?
aforesaid so as to deceive and mislead the purchaser into the belief that it was?
pure olive oil imported from a foreign country, whereas, in truth and in fact,?
it was not olive oil and was not an imported article but was a product made in the?
United States of America consisting wholly of cottonseed oil. Misbranding?
was alleged for the further reason that the article was a product composed?
wholly of cottonseed oil prepared in imitation of, and offered for sale under?
the distinctive name of, another article, to wit, olive oil; and for the further?
reason 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.
On February 9, 1922, no claimant having appeared for the property, judgment?
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.