S7-10. Adralteratioji mid jiiisl>raiidiiiig- of olive oil. IT. ?. * * * v. 550?
Cases of Alleged Kalian Olive Oil. Consent decree of coualejioisi-?
tion and forfeiture. Product released on I>ond. (F. & D. No. 10009.?
I. S. No. 2979-r.     S. No. W-45G.)
On August 5, 3919. the United States attorney for the Southern 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 5o9 cases of alleged Italian olive oil, composed of 2o cases each?
containing 2 5-gallon cans, 40 cases each containing 12 l-gallon cans, 10 cases?
each containing 24 ^-gallon cans. 20 cases each containing 48 ^-gallon cans,?
12-1 cases each containing 98 J-gallon cans, 40 cases each containing 24 8-onnco?
bottles, 80 cases each containing 24 4-ounce bottles, and 219 cases each contain??
ing 36 2-ounce bottles, remaining unsold in the original unbroken packages at?
Los Angeles, Calif., alleging that the article had been shipped by Strohmeyer &?
Arpe Co., New York, N. Y., on or about July 9. 1939, and transported 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:?
(Cans) "Olio D'Oliva Purissimo Garantito Marca lie Umberto 1. Choicest?
Pure Olive Oil Pure Olive Oil. Itcgistered U. S. Patent Office S. M. Umberto?
1 Re D'ltalia Re Umberto Brand Pure Olive Oil Net Contents 5-gallon," or?
" l-gallon,'' " J-gallon," " ^-gallon," " -J-gallon," as the case might be, with a?
design of the head of the King of Italy and a design of medallions and flag of?
Italy; (bottles) " R. U. Re Umberto Brand Pure Olive Oil For table and me??
dicinal purposes, Net "Weight 8 ounces," or " 4 ounces," or " 2 ounces," as the?
case might be, " Strohmeyer & Arpe Co., New York," with a design of the face of?
the King of Italy and " S. M. Umberto Re D'ltalia."
Adulteration of the article was alleged in the libel for the reason that?
Spanish olive oil had been substituted wholly or in part for Italian olive oil,?
which the article purported t? be. Misbranding was alleged for the reason?
that the cans and bottles were labeled with the statements, designs, and devices?
as aforesaid, which were false and misleading, and deceived and misled the?
respective purchasers thereof into the belief that the product was olive oil of?
Italian origin, whereas it was a Spanish olive oil.
On September 16, 1919, the Strohmeyer & Arpe Co., New York, N. Y., having?
entered an appearance as claimant of the property and confessed judgment, a
164	
BUKEAU  OF   CHEMISTRY.	
[Supplement 105,
decree of condemnation and forfeiture was entered, and it was ordered by tlie?
court that the product be released to said claimant upon the execution of a?
bond in the sum of $300, in conformity with section 10 of the act, conditioned?
in part that the product be relabeled as prescribed and directed by this de??
partment, and that said claimant pay all costs of the proceedings.
E. D. BALL, Acting Secretary of Agriculture,