74S7. Adulteration and misbranding' of olive oil (so called). U. S. * * *?
v. 3G J-Gallon Cans of Olive Oil (So Called). Consent decree of?
condemnation and forfeiture. Product ordered released on bond.?
(F. & D. No. 10777.    I. S. No. 14212-r.    S. No. E-1593.)
On July 1, 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 36 ^-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 11, 1919, by the Southern Importing Co., New York,?
N. Y., and transported from the State of New York into the State of Connecti??
cut, 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 substance in the libel for the?
reason that another oil, to wit, cottonseed oil, had "been mixed and packed?
therewith so as to reduce and lower and injuriously affect its quality and?
strength, and had been substituted wholly or in part for the article purporting?
to be olive oil.
N. J. 7451-7500.]     SERVICE AND REGULATORY ANNOUNCEMENTS.	343
Misbranding of the article was alleged in substance for the reason that the?
labels on the cans bore statements regarding the article which were false and?
misleading, that is to say, the label bore the following words, " Finest Quality?
Table Oil," and the device (representation of an olive tree and natives picking?
olives), and the words "cottonseed salad oil flavored slightly with Olive Oil,"?
in inconspicuous type, which last words quoted did not correct the false and?
misleading impression, and which statements, words, and devices were intended?
to be of such a character as to induce the purchaser to believe that the article?
was olive oil, when, in truth and in fact, it was not; 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; for the further reason that the?
labels on the cans bore the words, to wit, " One Half Gallon Net," whereas?
there was an average shortage in each purported half gallon of 9.20 per cent;?
and 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, zneasure, 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 released 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.