71<*9. Adulteration and Misbranding of olive oil. U. S. * * * v. 2 Cases 
* * * of Alleged Olive Oil. Default decree of condemnation, for- 
feiture, and sale.    (F. & D. No. 9826.    I. S. No. 12368-r.    S. No. C-1086.,)
On March 3, 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 2 cases, 1 containing 12 1-gallon cans, and 1 containing 24 half- 
gallon cans of alleged olive oil, at Cleveland, O., alleging that the article had 
been shipped on or about January 20, 1919, by D. Spiropulos and J. Theodore, 
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 article was labeled in part, "" Finest Qualitsr 
Table Oil Insmperabile (picture of olive tree and natives gathering and packing 
olives)."
Adulteration of the article was alleged in the libel for the reason that 
cottonseed oil had been mixed and packed with, and substituted wholly or to 
part for, the article.
Misbranding of the article was alleged for the reason that the statements, 
designs, and devices, borne upon the label thereof, not corrected by the. 
statement in inconspicuous type, "Cottonseed Oil Slightly Flavored witfe 
Olive Oil," were false and misleading, and deceived and misled the pur- 
chaser in that they conveyed the impression that the article was olive oil,
when it was not; for the further reason that it was imitation of, and was 
offered for sale under the distinctive name of, another article; for the further 
reason that it purported to be a foreign product, when not so, and in being 
labeled "Net Contents One Gallon," and "Net Contents One-half Gallon," 
respectively, whereas examination showed an average shortage in volume of 
4.3 and 0.6 per cent, respectively; and for the further reason that it was food in 
package form, arid the quantity of the contents was not declared.
On June 30, 1919, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product should be sold by the United States marshal in the manner 
and form provided by lav/.
E. D. BALL, Acting Secretary of Agriculture.