7376. Adtilteration. and Misbranding of olive oil. TT. S. * * * v. 11 1-Gal- 
lon Cans and 23 Half-Gallon Cans of Oilve Oil (so called). Consent de- 
cree of condemnation and forfeiture.    Product ordered released on bond,
(F. &D. No. 10610.     I. S. No...l3595-r.     S. No. E-1572.)
On June 23, 1919, the United States attorney for the District of Connecticut, 
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 "con- 
demnation of 11 1-gallon cans and 23 half-gallon cans of olive oil (so called), 
remaining unsold in the original unbroken packages at Waterbury, Conn., 
alleging that the article had been shipped on or about April 19,-1919, by the 
Southern Importing Co., New York, N. Y., and transported from the State of 
New York into the State of Connecticut, and charging adulteration and mis- 
branding in violation of the Food and Drugs Act, as amended. The article 
was labeled in part, " Finest Quality Table Oil * * * Cottonseed Oil 
Flavored Slightly with Olive Oil * * * Termini Imerese *?? * * Cicilia- 
Atalia * * * Guaranteed Absolutely Pure (design of olive harvesting 
scene)." (On gallon cans) "1 Gallon Net" (On half-gallon cans) "J Gallon 
Net."
Adulteration of the article was alleged in the libel for the reason that there 
had been mixed and packed with the article another oil, to wit, cottonseed 
oil, so as to reduce, lower, and injuriously affect its quality and strength, and 
that cottonseed oil had been substituted wholly or in part for olive oil, which 
the article purported to be.
Misbranding of the article was alleged for the reason that the labels on the 
cans bore certain statements, designs, and devices regarding the article which 
were false and misleading, and which statements were intended to be of such 
a character as to induce the-purchaser to believe that the product was olive oil, 
when, in truth and in fact it was not, and for the further reason that it pur- 
ported to be a foreign product, when, in truth and in fact, it was a product of 
domestic manufacture packed in the United States; and for the further 
reason that the label bore statements, to wit, " One Gallon Net" and " One 
Half Gallon Net," respectively, whereas there was an average shortage in 
10 gallon cans of 7.8 per cent and in 12 half-gallon cans of 11.5 per cent. 
Misbranding of the article was alleged for the further reason that it was food 
in package form, and the quantity of the contents was not plainly and con- 
spicuously marked on the outside of the package in terms of weight, measure, 
or numerical count.
On November 3, 1919, Giuseppe Battaglia, New York, N. Y., claimant, having 
consented to a decree, judgment of condemnation and forfeiture was entered, 
and it was ordered by the court that the product be delivered to said claimant 
upon the payment of the costs of the proceedings and the execution of a bond in 
the sum of $1,000, in conformity with section 10 of the act.
E. D. BALL, 
Acting Secretary of Agriculture,
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