18879. Adulteration and Misbranding of olive oil. U. S. v. Tblrty 1-Gallon 
Cans, et al., of Olio Roma. Default decrees of condemnation, for- 
feiture, and destruction. (F. & D. Nos. 26298, 26299, 26300. I. S. Nos. 
17266, 17267, 17268.    S. Nos. 4593, 4594, 4595.)
Examination of a product, represented to be olive oil, from the shipments 
herein described, having shown that the article was heavily adulterated with 
cottonseed oil and contained little if any olive oil, that the cans examined 
contained less than the declared volume, and that it was not a foreign product 
as it purported to be, the Secretary of Agriculture reported the matter to the 
United States attorney for the Eastern District of Michigan.
On April 29, 1931, the United States attorney filed in the District Court of 
?the United States for the district aforesaid libels praying seizure and condem- 
nation of 85 gallon cans, 30 half-gallon cans, and 10 quart cans of Olio Roma 
at Detroit, Mich., alleging that the article had been shipped by the Oriental 
Products Co., from Canton, Ohio, in part on or about December 15, 1930, and 
?in part on or about February 2, 1931, and had been transported from the State 
of Ohio into the State of Michigan, and charging adulteration and misbranding 
in violation of the food and drugs act as amended. The shipping cases were 
labeled in part: " Roma Olive Oil." The cans were labeled in Italian, of which 
the following is in part a translation: " Roma Oil Superfine Oil for table and 
medicinal use [design of Colosseum] The famous old amphitheater of Italy.
This Roma oil is put up by the same firm that puts up the pure olive oil, 
Iberian brand, and it is the same that imports the famous Olive Oil Porto 
Maurizio Italy." The following appeared in English on the said cans: "Net 
Contents One Gallon [or "Half Gallon" or "One Quart," as the case 
might be]."
It was alleged in the libels that the article was adulterated iD that cottonseed 
oil had been mixed and packed with and substituted in part for olive oil.
Misbranding was alleged for the reason that the statement on the shipping 
case, "Roma Olive Oil," and the statements on the respective can labels, 
" Net Contents One Gallon," " Net Contents Half Gallon," and " Net Contents 
One Quart," were false and misleading and deceived and misled the purchaser; 
for the further reason that the article purported to be a foreign product when 
not so; 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 out- 
side of the packages.
On October 8, 1931, no claimant having appeared for the property, judgments 
of condemnation and forfeiture were entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
AKTHXJB M. HYDE, Secretary of Agriculture.