7217. Adulteration and Misbranding of olive oil.   TJ. S.   *   *   *   v. 2 Barrels of Olive Oil. 
Consent decree of condemnation and forfeiture.   Product ordered released on bond.
(F. & D. No. 0918.   I. S. No. 13273-r.   S. No. E-1270.)
On March 21, 1919, the United States attorney for the Northern District of New York, 
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 sei/.ure and condemnation of 2 barrels 
of olive oil, at Syracuse, N. Y., alleging that the article had been shipped on or about 
February 15, 1919, by Coroneos Bros.,, Philadelphia, Pa., and transported from 
the State of Pennsylvania into the State of New York, and charging adulteration 
and misbranding in violation of the Food, and Drugs Act. The article was labeled 
in part, "Miguel Moreno Moncayo Olive Oil Malaga Spain."
Adulteration of tbe article was alleged for the reason that instead of being olive 
oil it was in fact almost entirely cottonseed oil, which had been mixed with and sub- 
stituted almost entirely for olive oil.
Misbranding of the article was alleged for the reason that each of the containers was 
labeled and branded "Olive Oil,"- and which containers were misbranded in that 
they did not contain [bear] a clear, plain, and truthful statement of the contents of 
said containers, in that the barrels contained food products therein which were, not 
olive oil, but were almost entirely cottonseed oil, which had been mixed with a small 
quantity of olive oil and substituted for olive oil, and that the words "Olive Oil" 
were used for the purpose of declaring and making it known that the contents of the 
barrels were in fact olive oil, which said statement was false and misleading and de- 
ceived and misled the purchaser in that in fact the article was an imitation of a stand- 
ard well-known food product which was sold under a distinctive name, to wit, olive oil, 
which is altogether different from the article contained in said barrels, and the said 
contents were in reality of less value, [of] less use, less wholesome, and not the article or 
product which the purchaser was led to believe that he was purchasing. Misbrand- 
ing of the article was alleged for the further reason that the statements borne on the
label operated and were intended to make the purchaser believe that he was purchas- 
ing a well-known article of food of foreign production, whereas, in fact, said wording 
was fake and untrue and misled and deceived the purchaser in that it, led him 
to believe that he was getting a foreign product, whereas the product contained in 
the barrels was in fact chiefly cottonseed oil and not the foreign product known and 
intended to be designated by the words "Olive Oil, " and in that the contents of the 
barrels were a different substance from that stated on the label.
On April 29, 1919, the said Coroneos Bros., claimant, having filed a claim, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the court 
that the product 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.