6541. Adulteration, and misbranding of olive oil. TJ. S. * * * v. 5 Cases?
of Olive Oil (so called). Consent decree of condemnation and for??
feiture. Product ordered released on bond.. (F. & D. No. 8956. I. S.?
No. 1228-p.    S. No. E-1016.)
On April 10, 1918, the United States attorney for the District of Connecticut,?
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 condem??
nation of 5 cases of olive oil (so called) remaining unsold in the original un??
broken packages at Waterbury, Conn., alleging that the article had been?
shipped on or about February 1, 1918, by Montagnino & Scaduto, New York,?
N. Y., and transported from the State of New York into the State of Con??
necticut, and charging adulteration and misbranding in violation of the Food?
and Drugs Act, as amended. The article was labeled in part, " Finest Quality?
Olive Oil Extra Pure Termini Imerese Sicilia Italia."
Adulteration of the article was alleged in substance in the libel for the reason?
that corn oil had been mixed and packed therewith so as to reduce and lower?
and injuriously affect its quality and strength, and had been substituted in?
part for the product purporting to be olive oil.
Misbranding of the article was alleged in substance for the reason that the?
statement " Olive Oil," regarding the article, borne on the labels of the cans,?
was, false and misleading, and was intended to be of such a character as to?
induce the purchaser to believe that the product was olive oil, when, in truth?
and in fact, it was not; and for the further reason that it purported to be a?
foreign product, when, in truth and in fact, it was a product of. domestic?
manufacture, packed in the United States; 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. Misbranding of the article was alleged for?
the further reason that its labels bore the words " I Gallon Net," " \ Gallon?
Net," and " 1 Gallon Net," respectively, whereas there was a shortage in each?
purported one-fourth gallon can of 1.8 per cent, in each one-half gallon can?
of 3.8 per cent, and in each one-gallon can of 2.3 per cent, 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 in terms.?
of weight, measure, or numerical count.
On October 15, 1918, the said Montagnino & Scaduto, claimant, having con??
sented to a decree, judgment of condemnation and forfeiture was entered, and?
it was ordered by the court that the product should be released to said claim??
ant upon the payment of the costs of the proceedings, and the execution of a?
bond in the sum of $300, in comformity with section 10 of the act.
C. F. MARVIN, Acting Secretary of Agriculture.
N. J. 6501-6550.]  SERVICE  AND REGULATORY ANNOUNCEMENTS.	45