G805, j Adulteration and misbranding of olive oil. U. S. * * * v. 48 Gal??
lons of Olive Oil.     Default decree of condemnation, forfeitnx-e, and
sale.     (P. & D. No  9216.    I. S. No. 13711-r.     S. No. E-1083.)
OJI August 7, 1918, the United States attorney for the District of Connecticut,?
acting upon a report by the Secretary of Agriculture, fPed in the. District?
Court of the United States for said district a libel for the seizure and con??
demnation of 48 gallons of olive oil, remaining unsold in the original unbroken?
packages at New Haven, Conn., alleging that the article had been shipped on?
or about July 6, 1918, by N. P. Economou, New York, N. Y., and transported?
from the State of New York into the State of Connecticut, and charging?
adulteration and misbranding in violation of the Food and Drugs Act, as?
amended. The article,was labeled in part, "Olio Puro D'Oliva Lucca Tipo?
Italy."    The shipment was made by N. P. Economou & Theodos.
Adulteration of the article was alleged in the libel for the reason that a?
certain substance, to wit, cottonseed 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?
borne on the labels of the cans, to wit, " Olio Puro D'Oliva," 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,
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it was a product of domestic manufacture, packed in the United States; and?
for the further reason that it was an imitation of, and 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 the labels bore the words,?
to wit, " Full Gallon," whereas there was a shortage in each purported full?
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 5, 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 sold at private sale by the United States?
marshal.
C. F. MARVIN, Acting Secretary of Agriculture.