G79S. Adulteration and misbranding- of olive oil. U. S. * * * v. lOOO?
Cans of Alleged Olive Oil. Consent decree of condemnation and?
forfeiture. Product ordered released on bond. (F. & D. No. 9278.?
I.  S. No.  2433-r.     S.  No.   W-241.)
On August 29, 1918, the United States attorney for the Southern District of?
California, 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 1,000 cans of alleged olive oil, remaining unsold in the original?
unbroken packages at Los Angeles, Cal., alleging that the article had been?
shipped on or about June 21, 1918, by John T. Delany & Co., New York, N. Y.,?
and transported from the State of New York into the State of California, and?
charging adulteration and misbranding in violation of the Food and Drugs?
Act, as amended.    The article was billed and invoiced as olive oil.
Adulteration of the article was alleged in the libel for the reason that cotton??
seed [oil] had been mixed and packed with, and substituted wholly and in part?
for, olive oil, in each of the cans of alleged olive oil.
Misbranding of the article was alleged for the reason that it was an imita??
tion of, and was offered for sale under the distinctive name of, another article,?
to wit, olive oil, the same being labeled " 5 Gallons Net," when, in truth and in?
fact, it consisted largely of cottonseed oil. Misbranding of the article was?
alleged for the further reason that it was food in package form, and the quan??
tity of the contents was not plainly and conspicuously marked on the outside?
of the package in terms of weight, measure,  and numerical count.
On October 17, 1918, the said John T. Delany & Co., 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 delivered to said?
claimant for relabeling, upon the payment of the costs of the proceedings and?
the execution of a bond in the sum of $8,000, in conformity with section 10 of?
the act.
J. R. RIGGS, Acting Secretary of Agriculture.