865G. Adulteration and misbranding: of olive oil. IT. S. * * * v. 103?
Cases, Gallon Cans, 225 Cases, Half-gallon Cans, 81 Cases, Quart?
Cans, and 51 Cases, Pint Cans, of Olive Oil. Consent decree of con??
demnation and forfeiture.     Product released on bond.     (P.  & D. No.
11022.    I. S. No. 2914-r.    S. No. W-443.)
On September 24, 1919, the United States attorney for the Northern District?
of California, 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 193 cases, gallon cans, 225 cases, half-gallon cans, 81 cases,?
quart cans, and 51 cases, pint cans, of olive oil, remaining in the original un??
broken packages at San Francisco, Calif., alleging that the article had been?
shipped by Strohmeyer & Arpe Co., New York, N. Y., June 27, 1919, and trans??
ported from the State of New York into the State of California, and charging?
adulteration and misbranding in violation of the Food and Drugs Act. The?
article was labeled in part, " Olio D'Oliva Purissimo Garantito Marca Re?
Umberto I?" (picture of King of Italy) "* * * S. M. Umberto J Re?
D'ltalia Re Umberto I? Brand    ??    *    K"
Adulteration of the article was alleged in the libel for the reason that?
Spanish oil had been substituted wholly or in part for Italian oil.
Misbranding was alleged in substance for the reason that the statements?
aforesaid were false and misleading and deceived and misled the purchaser?
into the belief that the product was Italian olive oil, when, in truth and in fact,?
it was not Italian olive oil, but was Spanish olive oil.
On September 24, 1919, the Strohmeyer & Arpe Co., 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 payment of the costs of the proceedings and the execution of?
a bond in the sum of $1G,DOO, in conformity with section 10 of the act, condi??
tioned in part that the product be relabeled by stamping on each can in con??
spicuous type the legend " Product of Spain."
E. D. BALL, Acting Secretary of Agriculture.