71031 Adulteration and misbranding 6f olive oil. U. S. * * * v. 0 Cages 
of So-called Olive Oil. Consent decree of condemnation and for- 
feiture. Product ordered released on bond. (F. & D. No. 9701. I. S. 
NoS.  13831-r,  13S32-f.     S.  No. F.-1241.)
On February 13, 1919, the United States attorney for the District of New 
Jetmy, aetirig upon a report by the Secretary of Agriculture, filed in the Dis-
trict Court of the United States for said district a libel for the seizure and con- 
demnation of 9 cases, each containing 12 1-gallon cans of so-called olive oil, con- 
signed by A. Dimino, New York, N. Y., remaining unsold in the original un- 
broken packages at Phillipsburg, N. J., alleging that the article had been shipped 
on or about January 27, 1919, and transported from the State of New York 
into the State of New Jersey, and charging adulteration and misbranding in 
violation of the Food and Drugs Act. A portion of the cans were labeled in 
part, " Finest Quality Olive Oil Extra Pure, of Termini Imerese, Italy 
Sicilia Italia * * * Guaranteed Absolutely Pure (picture of olive tree)." 
A portion were labeled in part, " Vergine. This olive oil is guaranteed to be 
absolutely pure and is made from the finest selected.olives grown on the Italian 
Riviera. This Vergine oil is highly recommended for medicinal and table 
use    *    *    *."
Adulteration of the article was- alleged for the reason that it purported to be 
pure olive oil produced in Italy, when, in fact, it consisted wholly or in part 
of cottonseed oil, which had been substituted for olive oil. It was further alleged 
that the article in the cans labeled " Vergine " olive oil was sold under a- name 
recognized in the United States Pharmacopoeia, and differed from the standard 
described by that authority, and its own standard was not stated ur>on the 
label.
Misbranding of the article was alleged in substance for the reason that the 
statements, designs, and devices borne on the labels and in the circulars, 
regarding the article and the ingredients and substances contained therein, wp.re 
false and misleading in that they indicated to the purchaser that the packages 
contained olive oil, when, in fact, they did not; and for the further reason that 
it purported to be olive oil when, as a matter of fact, it consisted largely or 
wholly of cottonseed oil; and for the further reason that it purported to be a 
foreign product, when not so ; and for the further reason that it was an imitation 
of, and was offered for sale under the distinctive name of, another article; 
and for the further reason that it was falsely branded as to the country in 
which it was produced.
On June 14, 1919, the said A. Dimino, claimant, having consented to a de- 
cree, judgment of condemnation and forfeiture was entered, and it was ordered 
by the court that the product should be released to said claimant upon the pay- 
ment of the costs of the proceedings and the execution of a bond in the sum Of 
$200, in conformity with section 10 of the act, conditioned in part that the 
product should be repacked and relabeled under the supervision of a repre- 
sentative of this department.
E. D. BALL,
Acting Secretary of Agriculture.