7267. Adulteration  and Misbranding of  olive  oil.   V.   S.    *    *    *    v. 26  Gal 
lons of Alleged Olive Oil. Default decree of condemnation, for- 
feiture, and sale.    (F. & D. No. 10162.    I. S. No. 11912-r.    S. No. C-1201.)
On May 2, 1919, the United States attorney for the Northern District of 
Ohio, acting 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 
condemnation of 26. gallons of alleged olive oil, remaining unsold in the original 
unbroken packages at Cleveland, Ohio, alleging that the article had been 
shipped on or about April 8, 1919, by G. P. Papadopulos, 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 Quality Table Oil 
Insuperabile (picture of olive tree and natives gathering and packing olives)
Termini Imerese Type:"     (In inconspicuous; type)     "Cottonseed oil  slightly 
Savored with Olive Oil" "Net Contents 1 ?f alien."
Adulteration of the article was' alleged im substance in the libel for the- 
reason that cottonseed oil had been mixed and packed therewith, and. sub- 
stituted wholly or in part for the- artiele, in that examination of the product: 
showed that it consisted essentially of cottomseed oil..
Misbranding of the article was- alleged for the reasoa that the statements^ 
designs, and devices,, not. sufficiently corrected by the statement, in incon- 
spicuous type,, were false and misleading and deceived and misled the pur- 
chaser in that they conveyed the impression that the product was ?live- oil,, 
when it was not. Misbranding of the article was alleged for the further 
reason that it was an imitation of, and was offered for sale under the distinc- 
tive- name of, another article, to* wit, olive oil. Misbranding ?f the article was; 
all-eged for the further reason that it purported to be a foreign product, when 
not soy and in being labeled " Net Contents 1 Gallon,.''' whereas examina- 
tion showed an average shortage of 3.9 per cent. Misbranding of the artiele 
was alleged for the further reason that it was food in package form, and the 
quantity of the contents was not declared.
On June 39; 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 be sold by the United States marshal.
C. F. MAKVIN, Acting Secretary of Agriculture.