6760.?Adulteration and misbranding- of olive oil.    U. S.     *    *     *     v. .*> One-
gallon Cans of Olive Oil. Default decree of condemnation, forfei??
ture, and destruction. (F. & D. No. 9134. I. S. No. 0775-p. S. No.?
C-928.)
On July 10, 1918, the United States attorney for the Northern District of?
Ohio, 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 con??
demnation of 5 one-gallon cans of olive oil at Cleveland, Ohio, alleging that?
the article had been shipped on or about November 24, 1017, by Courumalis &?
Co., New York, N. Y., and transported from the State of New York into the?
State of Ohio, and charging adulteration and misbranding in violation of the?
Food and Drugs Act. The article was labeled in part, "Finest Quality Olive?
Oil Extra Pure    *    *    *    l Gallon Net."
Adulteration of the article was alleged in the libel for the reason that cot??
tonseed oil had been mixed and packed therewith so as to reduce, lower, and?
injuriously affect its quality and strength, and had been substituted in part for?
olive oil, which the article purported to be.
Misbranding of the article was alleged for the reason that the statement,?
to wit, " Olive Oil," was false and misleading, and deceived and misled the?
purchaser, in that such statement indicated that the cans contained olive oil,?
when, in truth and in fact, cottonseed oil had been substituted in part for the?
article; 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; and?
for the further reason that the labels indicated that each of the cans con??
tained one gallon net, when, in truth and in fact, there was a shortage from the?
declared contents of 3.36 per cent. Misbranding of the article was alleged 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 November 30, 1918, no claimant having appeared for the property, judg??
ment of condemnation and forfeiture was entered, and it was ordered by the?
court that the product should be destroyed by the United States marshal.
J. R. RIGGS, Acting Secretary of Agriculture.