74SS. Misbranding- of olive oil (so called). U. S. * * * v. 11 Gallon Cans?
and 43 J-Gallon Cans of Olive Oil (So Called). Consent decree of?
condemnation and forfeiture.     Product ordered released on bond.
(F. & D. No. 10778.    I. S. Nos. 14208-r,  14209-r.     S, No. E-1598.)
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 11 gallon cans and 43 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 28, 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 misbranding in violation?
of the Food and Drugs Act, as amended. The gallon cans were labeled in?
part, " Finest Quality Table Oil Tipo Termini Imerese," and the i-gallons?
were labeled in part, " Finest Quality Table Oil."
Adulteration 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?
and lower and injuriously affect its quality and strength, and for the further?
reason that cottonseed oil had been substituted wholly or in part for the?
article purporting to be olive oil.
Misbranding of the article was alleged for the reason that the labels on?
the cans bore statements regarding the article which were false and mislead??
ing, that is to say, the labels on the gallon cans bore certain statements and?
devices regarding the article which were false and misleading, that is to say,?
the labels bore the following words, "Finest Quality Table Oil Tipo Termini?
Imerese cottonseed oil slightly flavored with Olive Oil Cicilia Atalia Guaran??
teed Absolutely Pure (representation of an olive tree and natives picking?
olives)," and the labels of the ^-gallon cans bore the following words, to wit,?
"Finest   Quality   Table   Oil    *    *    *    cottonseed   salad   oil   flavored   slightly
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with Olive Oil (representation of an olive tree and natives picking olives),"?
which statements and designs 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 thus created not?
being corrected by the statement in inconspicuous type, " cottonseed salad oil?
flavored slightly with Olive Oil;" 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 distinctive name of, another?
article, to wit, olive oil ; for the further reason that the labels of the cans bore?
the words " One Gallon Net" and " One Quarter Gallon Net," respectively,?
whereas there was an average shortage in each purported gallon of 7.28 per?
cent and in each purported quarter gallon of 8 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, measure, or numerical count.
On November 3, 1919, Giuseppe Battaglia, New York, N. Y., claimant, hav??
ing 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-