1>08».  Adulteration   and misbranding of   olive   oil.     XJ.   S.     *     *     *     v.   23 
Cans   of     *     *     *     Olive   Oil     *     *     *,     et   al.     Default   decrees   of
condemnation, forfeiture, and sale. (F. & D. Nos. 15133, 15230, 15346. 
I. S. Nos. 8491-t, 8492-t, 8493-t, 8498-t, 8499-t. S. Nos. B-3426, E-3469, 
E-3472,  E-3559.)
On July 13 and 23 and August 25, 1921, respectively, the United States 
attorney for the District of Maryland, acting upon reports by the Secretary of 
Agriculture, filed in the District Court of the United States for said district 
libels for the seizure and condemnation of. 66 quart cans, 69 half-gall on cans, 
and 10 gallon cans of alleged olive oil, consigned between the dates May 4 and 
June 16, 1921, remaining in the original unbroken packages at Baltimore, Md., 
alleging that the article had been shipped by Scaduto & Co., New York, N. Y., 
and transported from the State of New York into the State of Maryland, and 
¦charging adulteration and misbranding in violation of the Food and Drugs 
Act, as amended. A portion of the article was labeled in part, (cans) "Fon- 
tanella Brand Olio Finissimo * * *." The remainder of the article was 
labeled in part, (cans) "Pure Olive Oil Sanzio Brand    *    *    *."
Adulteration of the Sanzio Brand was alleged in the libels for the reason 
that a substance, 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 said article, and for the further reason 
that it was mixed in a manner whereby damage or inferiority was concealed. 
Adulteration was alleged with respect to a portion of the said Sanzio Brand 
for the further reason that it was sold under and by a name recognized in the 
United States Pharmacopoeia and differed from the standard of strength, qual- 
ity, and purity as determined by the test laid down in the said Pharmacopoeia, 
official at the time of investigation.
Misbranding was alleged in substance for the reason that the statement, to 
wit, " Pure Olive Oil Sanzio Brand * * * This Olive Oil Is Guaranteed To 
Be Absolutely Pure Under Chemical Analysis And Excellent For Medical And 
Table Use * * * Half Gallon" or " One Quart," together with similar 
statements in Italian and the design or device of a cut showing a foreign scene 
with respect to the Sanzio brand oil, and the statement " One Gallon," with 
respect to the Fontanella brand oil, borne on the respective labels of the cans
containing the said article, regarding the article or the ingredients and sub- 
stances contained therein, were false and misleading and deceived and. misled 
the purchaser. Misbranding was alleged with respect to the article involved 
in all the consignments for the further reason that the said article was food 
in package form, and the quantity of the contents was not plainly and con- 
spicuously marked on the outside of the package. Misbranding of the Sanzio- 
Brand was alleged for the further reason that it was an imitation of, and was 
offered for sale under the distinctive name of, another article. Misbranding, 
was alleged with respect to a portion of the Sanzio Brand for the further 
reason that it purported to be a foreign product when not so.
On October 1, 1921, no claimant having appeared for the property, judgments- 
of condemnation and forfeiture were entered, and it was ordered by the court 
that the product be relabeled and sold by the United States marshal.
C. W. PUGSLEY, Acting Secretary of Agriculture,