708!). Adulteration and misbranding of olive oil. TJ. S. * * * v. 82 1-Gal- 
lon Cans of Alleg-ed Olive Oil. Consent decree of condemnation 
and  foi-feiture.    Product  ordered  released  on   bond.     (F.   &   D.   No.
9683.    I. ,S. No. 12364-r.     S.  No.  G-1051.) 
.        -
On February 6, 1919, 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 condem- 
nation of 82 1-gallon cans of alleged olive oil, remaining in the original unbroken 
packages at Cleveland, O., alleging that the article had been shipped on or about 
November 14, 1918, by Thompson Porcard, 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 as amended. The cans 
containing the article were labeled, " 1 Gallon Net Qualita Superiore (map of 
Italy and picture of Italian Queen holding Italian flag) Olio Tripolitania Puro 
Garantito Sotto-Qualsiasi^ Analisi Chimica Garantito Sotto La Legge Del 30 
Giugno, 1906." The reverse side of the cans bore the same label with paper 
sticker which read, " Family Oil Composto con Olii Puri ai sens! della Legge. 
II solo che incontra il gusto delle lamiglie Italia ne perch6 confiene anche Olio 
D'Oliva T. Porcaro," the English translation of which is, " Composed of. Pure
Oils in the meaning of the Law.    The only one that meets the taste of the 
Italian families because it contains also Olive Oil."    '
Adulteration of the article was alleged in the libel for the reason that cotton- 
seed oil had been mixed and packed therewith and substituted wholly or in part 
for olive oil.
Misbranding of the article was alleged in susbtance for the reason that the 
aforesaid statements, borne on the labels of the cans, together with the pictorial 
design, were false and misleading, and deceived and misled the purchaser in 
that such statements indicated that the cans contained olive oil, when, in truth 
and in fact, cottonseed oil had been substituted in part for the article. Mis- 
branding of the article was alleged for the further reason that it purported to 
be a foreign product, when not so, and in being labeled "One Gallon Net," 
whereas examination showed an average shortage of 2.7 per cent, and for the 
further reason that the quantity of the contents was not declared.
On May 24, 1919, Thomas Porcaro, alias Thompson Porcard, New York, N. Y., 
claimant, having admitted the allegations of the libel, judgment of condemna- 
tion and forfeiture was entered, and it was ordered by the court that the prod- 
uct should be released to said claimant upon the payment of the costs of the 
proceedings and the execution of a bond in the sum of $500, in conformity with 
section  10  of the  act.
E. D. BALL, 
Acting Secretary of Agriculture.