S12S. Adnltex*ation and misbranding- of olive oil. U. S. * * * v. 18?
Cases * * * 16 Cases * * * and 9 Cases * * * of Oil.?
Consent decree of condemnation and forfeiture. Product ordered?
released on bond.    (F. & D. No. 7419.    I. S. No. 2566-L    S, No. E-602.)
On May 9, 1916, the United States attorney for the Southern District of New?
York, acting upon a report by the Secretary of Agriculture, filed in the Dis??
trict Court of the United States for said district a libel for the seizure and con??
demnation of 18 cases, each containing 24 half-gallon cans, 16 cases, each con??
taining 12 one-gallon cans, and 9 cases, each containing 48 quarter-gallon cans,?
of oil, remaining unsold In the original unbroken packages at New York, N. Y.,?
alleging that the article had been shipped on or about November 17, 1915, by?
J. Marcus, Newark, N. X, and transported from the State of New Jersey into?
the State of New York, and charging adulteration and misbranding in viola??
tion of the Food and Drugs Act. The article was labeled in part: (on cans,?
front' and back) " Specialty Lucca Olive Oil Extra 1 Gallisto Francesconi?
Lucca Italy." (On sides) "Olive Oil." (On cases) "Olive Oil Lucca OalHsto?
Francesconi?New York?Italy."
Adulteration was alleged in the libel for the reason that the article contained?
at least 25 per cent of cottonseed oil, and that cottonseed oil had been substituted?
wholly or in part for said article.
Misbranding was alleged for the reason that the statement, " Olive Oil," was?
false and misleading; and for the further reason that said article was an imita??
tion of and offered for sale under the distinctive name of another article, to wit,?
olive oil, when it was not such; and for the further reason that it was labeled?
and branded so as to deceive and mislead the purchaser in that it purported to?
be a foreign product, when it was not such.
On August 24, 1916, Adolph L. Zamboni, New York, N. Y., claimant, having?
filed a claim and stipulation for costs and consenting to a decree, judgment of?
condemnation and forfeiture was entered, and it was ordered by the court that?
the article should be redelivered to said claimant upon paying the costs of the?
proceedings and the execution of a good and sufficient bond in the sum of $900,?
conditioned in part that said article should be propertly labeled in accordance?
with the directions of this department.
OAKL VEOOMAN, Acting Secretary of Agriculture.
N. J. 5101-5150]   SERVICE  AND' REGULATORY ANNOUNCEMENTS.	151