(X.  J.  133.)
ADULTERATION AND MISBRANDING} OF OLITE OIL.
(A MIXTURE OF COTTONSEED AND OLIVE OILS.)
In accordance with the provisions of section 4 of the Food and?
Drugs Act of June 30, 1906, and of regulation 6 of the rules and?
regulations for the enforcement of the act, notice is given that on?
the 15th day of June, 1909, in the circuit court of the United States?
for the eastern district -of Louisiana, in a prosecution by the United?
States against King Brothers, Shilstone & Saint (Limited), a cor??
poration of New Orleans, La. (F. & D. No. 295), for violation of?
section 2 of the aforesaid act in shipping and delivering for ship??
ment from Louisiana to Texas an article of food labeled " Balbiani?
& Cie. Huile d'Olive Superfine Raffinee," which was adulterated and?
misbranded within the meaning of sections 7 and 8 of the act, the?
said defendant having entered a plea of guilty, the court imposed?
upon it a fine of $10 and costs.
The facts in the case were as follows:
On January 28, 1908, an inspector of the Department of Agricul??
ture purchased from Ullman, Stern & Krausse, Galveston, Tex., a?
sample of oil contained in bottles upon the principal label of which?
was printed " Balbiani & Cie. Huile d'Olive Superfine Raffinee,"?
and upon a supplemental label, " This product is a compound of?
salad oil and imported olive oil, packed by King Bros., Shilstone &?
Saint, Ltd., New Orleans, La." On the back of each bottle was a?
label printed in Italian, French, and English to the effect that the?
oil of the new firm of Balbiani & Cie. was guaranteed free from?
mixture. This sample was a part of a shipment made on or about?
October 29, 1907, by the manufacturers, King Brothers, Shilstone?
& Saint (Limited), from New Orleans, La., to said Ullman, Stern &?
Krausse.   The sample was analyzed in the Bureau of Chemistry of
the United States Department of Agriculture, and the following?
results obtained and stated:
Specific gravity  (15.5? O.)?
        .92207
Index refraction  (15.5?  C.)?
      1.4731
Iodin number?
104.89
Halphen test?
Positive.
Villavecchia test?
Negative.
Renard test?
Negative.
Adulterant?
 Cottonseed oil.
It was evident from this analysis that the article was a mixture of?
cottonseed oil and olive oil, the former predominating. It was?
therefore adulterated within the meaning of section 7 of the act,?
in that cottonseed oil had been substituted in part for olive oil,?
Avhich it purported to be, and cottonseed oil had been mixed with?
olive oil so as to reduce its quality and strength, and was mis-?
branded within the meaning of section 8 of the act, in that the state??
ments and representations on the labels that it was olive oil and a?
foreign and imported article produced by a foreign company, Bal-?
biani & Cie., and guaranteed free from mixture, were false, mis??
leading, and deceptive. The statement on the supplemental label?
that the product was packed by King Brothers, Shilstone & Saint?
(Limited) did not cure the false, misleading, and deceptive character?
of the principal and secondary labels, since the packing of the oil?
by King Brothers, Shilstone & Saint could not be inconsistent with?
the representation that the oil was produced in a foreign country by?
a foreign company, nor was the statement on the label that it was a?
compound of salad oil and imported olive oil true, because the usual?
acceptation of the term " salad oil" does not include cottonseed oil.
It appearing from the aforesaid analysis that the article was adul??
terated and misbranded, the Secretary of Agriculture gave notice?
to "Oilman, Stern & Krausse, the dealer from whom the sample was?
purchased, as well also as to the manufacturer and shipper, King?
Brothers, Shilstone & Saint (Limited), and gave them an oppor??
tunity to be heard. King Brothers, Shilstone & Saint being the?
party solely responsible for the adulteration and misbranding of?
the article and failing to show any fault or error in the result of?
the aforesaid analysis, and it being determined that the article was?
adulterated and misbranded, on December 30, 1908, the said Secre??
tary reported the facts and evidence to the Attorney-General, by?
whom they were referred to the United States attorney for the?
eastern district of Louisiana, who filed an information against?
the said King Brothers, Shilstone & Saint, with the result herein??
before stated.
JAMES WILSON,?
Secretary of Agriculture.
WASHINGTON, D. C, January 10, 1910.