C653. Adulteration and misbranding of olive oil. TJ. S. * * * v. 5 Cases?
of So-called Olive Oil. Consent decree of condemnation and for??
feiture. Product ordered released on bond. (P. & D. No. 8915. I. S.?
No. 1368-p.    S. No. E-1009.)
On March 30, 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 condemnation?
of five cases of so-called olive oil, remaining unsold in the original unbroken?
packages at Hartford, Conn., alleging that the article had been shipped on or?
about January 19, 1918, by Garra & Trusso, New York, N. Y., and transported?
from- the State of New York into the State of Connecticut, and charging adul??
teration and misbranding in violation of the Food and Drugs Act, as amended.?
The article was labeled in part, " One Full Gallon Pure Extra Fine Olive Oil?
Extra 1 Imported from Lucca Tuscany Italy."
Adulteration of the article was alleged in the libel for the reason that there?
had been mixed and packed therewith cottonseed oil so as to reduce and lower?
and injuriously affect its quality and strength, and cottonseed oil had been?
substituted in part for the product purporting to be olive oil.
Misbranding of the article was alleged for the reason that the labels of the?
cans bore certain statements regarding the article which were false and mis??
leading, that is to say, the words " Olive Oil," which statement and words?
were intended to be of such a character as to induce the purchaser to believe?
that the article 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. Mis??
branding of the article was alleged for the further reason that the labels on?
the cans bore the statement, "One Full Gallon," whereas there was a shortage?
of 7.11 per cent in each purported gallon, 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 December 14, 1918, the said Garra & Trusso, having consented to a?
decree, judgment of condemnation and forfeiture was entered, and it was?
ordered by the court that the product should be delivered to said claimant upon?
the payment of the costs of the proceedings, and the execution of a bond in the?
sum of $300, in conformity with section 10 of the act.
C. F. MABVIN, Acting Secretary of Agriculture.
180	
BUREAU OF CHEMISTEY.	
[Supplement 64,