9260. Adulteration   and   Misbranding of   olive   oil.    U.   S.     *     *     *     v.   190
Cases, Each. Containing' 12 Gallon Cans, and 160 Cases, Each Con- 
taining- 24 Half-Gallon Cans, of * * * Olive Oil. Consent de- 
cree of condemnation and forfeiture. Product released under 
bond.     (F. & D. No. 11023.    I. S. No. 2194-r.     S. No. W-445.)
On July 24, 1919, 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 190 cases, each containing 12 gallon cans, and 160 cases, each 
containing 24 half-gallon cans, of olive oil, remaining unsold in the original 
unbroken packages at Los Angeles, Calif., alleging that the article had been 
shipped by the Strohmeyer & Are Co., New York, N. Y., on or about June 21, 
1919, 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 in part, " Olio D Oliva Purissimo Garautito 
Marca Re Umberto 1. Choicest Pure Olive Oil Pure Olive Oil. * * * S. M. 
Umberto 1 Re D ltalia Re Umberto 1 Brand Pure Olive Oil Not Contents 1- 
gallon " (or "i-gallon"), together with a photo of the King of Italy, medals, 
flags, and olive branches bearing olives..
Adulteration of the article was alleged in the libel for the reason that Span- 
ish olive oil had been substituted wholly or in part for Italian olive oil, which 
the article purported to be.
Misbranding was alleged for the reason that the cans containing the article 
were labeled as aforesaid, which statements, designs, and devices were false 
and misleading and deceived and misled the purchaser thereof into the belief 
that the article was olive oil of Italian origin, whereas it was a Spanish olive 
oil.
On September 16, 1919, the Strohmeyer & Are Co. having entered an appear- 
ance as claimant for the property, and having confessed that the article was 
adulterated and misbranded as alleged in the libel, 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 .$500, in conformity with section 10 of 
the act, conditioned in part that the article be relabeled as prescribed and 
directed by this department.
E. D. BALL, Acting Secretary of Agriculture.