0096. Adulteration and misbranding: of olive oil. V. S. * * * v. 8 Cases?
of a Product Purporting to be Olive Oil. Default decree of con??
demnation, forfeiture, and sale. (F. & D. No. 8835. I. S. No. 2675-p.?
S. No. B-983.)
On February 26, 1918, the United
States attorney for the District of Massa??
chusetts, acting upon a report by the Secretary of Agriculture,, filed in the?
District Court of the United States for said district a libel of information?
praying the seizure and condemnation of 8 cases of a product purporting to?
be olive oil, consigned during November, 1917, remaining unsold in the original?
unbroken packages at Boston, Mass., alleging that the article had been shipped?
by A. J". Barbanera, New York, N. Y., and transported from the State of?
New York into the State of Massachusetts, and charging adulteration and?
misbranding, in violation of the Food and Drugs Act, as amended. The article?
was labeled, "Finest Quality Olive Oil Extra Pure Termini Imerse Sicilia??
Italia Guaranteed Absolutely Pure 1 Gallon Net" or " \ Gallon Net" or " \?
Gallon Net."
Adulteration of the article was alleged in the libel of information for the?
reason that it consisted wholly or in part of cottonseed'oil, which had been*?
mixed and packed therewith so as to reduce and lower and injuriously affect?
its quality and strength.
Misbranding of the article was alleged for the reason that the packages and?
the labels thereof bore a certain statement which was false and misleading,?
that is to say, the words, " Olive Oil," in that said product was not olive oil;?
and for the further reason that it was an imitation of, and was offered for?
sale under the distinctive name of another article, to wit, olive oil, whereas, in?
truth and in fact, it was not; and for the further reason that by manner of?
display it led the purchaser to believe that said article was a foreign product,?
when, in truth and in fact, it was a product of domestic manufacture; and for?
the further reason, in substance, 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 in terms of weight, measure, or numerical count.
On March 29, 1918, no claimant having appeared for the property, judgment?
of condemnation and forfeiture was entered, and it was ordered by the court?
that the product should be sold by the United States marshal at public auction,?
in a package or packages properly branded denoting that the contents consisted?
of cottonseed oil instead of olive oil.
CARL VEOOMAN, Acting Secretary of Agriculture.
104	
BUREAU  OF   CHEMISTRY.	
L Supplement 52.