10192.?Adulteration   and   misbi-anding   of   olive   oil.     U.   S.     *     *      *     v.   3
Cases of Alleged Olive Oil. Default decree of condemnation, for??
feiture, and destruction. (P. & D. No. 9471. I. S. Nos. 14781-r,?
14782-r.    S. No. E-1168.)
On November 27, 1918, the United States attorney for the District of New?
Jersey, acting upon a report by the Secretary of Agriculture, filed in the Dis??
trict Court of the United States for said district a libel for the seizure and?
condemnation of 2 cases, each containing 40 quart cans, and one case con??
taining 20 half-gallon cans, of alleged olive oil, at Paterson, N. J., alleging?
that the article had been shipped by G P. Papadopulos, New York, X. Y., on?
or about October 8, 1918, and transported from the State of New York into?
the State of New Jersey, and charging adulteration and misbrand ng in viola??
tion of the Food and Drugs Act, as amended. The article was labeled in?
part, (cans) "Olio IL Toscano Brand Lucca-Style * * *."?
? Adulteration of the article was alleged in substance in the libel for the?
reason that cottonseed oil had been mixed and packed with the article, thereby?
reducing and lowering its strength and injuriously affecting its quality, and?
had been substituted almost wholly for olive oil, which the said article pur??
ported to be.
Misbranding was alleged in substance for the reason that the design?
appearing on the said cans and the above-quoted statement appear??
ing on the label in Italian, not sufficiently corrected by the statement in?
inconspicuous type, " Cotton Seed Salad Oil Slightly Flavored with Olive Oil,"?
were false and misleading in that they conveyed the impression that the said?
article was an Italian olive oil, whereas, in truth and in fact, it was not an?
Italian olive oil, but was an oil consisting almost wholly of cottonseed oil.?
Misbranding was alleged for the further reason that the said statement borne?
on the labels, together with the statements " Net Contents- One Quart " and?
" Net Contents Full Half Gallon," respectively, deceived and misled the pur??
chaser into the belief that the article was a product manufactured in Italy?
and that the containers had therein one full quart or one full half-gallon, as?
the case might be, of the said article, 'whereas, in truth and in fact, the?
article was a product of domestic manufacture, made in the United States,?
and the said containers did not hold one full quart and one full half-gallon,?
respectively. Misbranding was alleged for the further reason that the article?
was an imitation of, and was offered for sale under the distinctive name of,?
another article, to wit, pure olive oil, 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.
On January 19, 1922, no claimant having appeared for the property, judg??
ment of condemnation and forfeiture was entered, and it was ordered by?
the court that the product be destroyed by the United States marshal.
C. W. PTJGSLEY, Acting Secretary of Agi{culture.