7481. Adultei-ation and misbranding of olive oil (so ealled). U. S. * * *?
v. 64 9-Gallon Cans, 19 J-Gallon Cans, and 36 J-Gallon Cans of Olive?
Oil (So Called). Consent decree of condemnation and forfeiture.?
Product ordered released on bond. (P. & D. No. 10736. I. S. Nos.?
14213-r,  143.14-r. 14215-r.    S. No.  E-1607.)
On July 3, 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 condemnation?
of 64 9-gallon cans, 19 ^-gallon cans, and 36 i-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 May 27,* 1019,?
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 misbranding in violation of the Food and Drugs Act, as amended. The?
article was labeled in part, " Finest Quality Table Oil."
Adulteration of the article was alleged in the libel for the reason that there?
had been mixed and packed with the article contained in the 64 9-gallon cans of?
olive oil another oil, to wit. cottonseed oil, and that there had been mixed?
and packed with the product contained in the 19 i-gallon cans and 36 ^-gallon?
cans other oils, to wit, cottonseed oil and soya bean oil, so as to reduce, lower,
N. J. 7451-7500.]     SERVICE AND REGULATORY ANNOUNCEMENTS.	339
and injuriously affect its quality and strength, and quantities of both oils had?
been substituted wholly or in pirt 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, words, and devices, regarding the article, to?
wit, " Finest Quality Table Oil Tipo Imerese cottonseed oil slightly flavored with?
Olive Oil Cicilia Atalia. Guaranteed Absolutely Pure (representation of an?
olive tree and natives picking olives)," which were false and misleading, and?
which statements, words, and devices 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, said false and misleading impression not being?
corrected by the words [which appear] in inconspicuous type, to wit, " cotton??
seed salad oil flavored slightly with Olive Oil," and for the further reason?
that it purported to be a foreign product, when, in truth and in fact, it was?
a product of domestic manufacture packed in the United States, 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, and for the further reason that?
the labels on the cans bore the words " One Gallon Net," " One Half Gallon?
Net," and " One Quarter Gallon Net," whereas there was an average shortage?
in each purported gallon of 7.2 per cent, in each purported J-gallon of 10.20?
per cent, and in each purported |-gallon of 12 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 conspicuously 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.