10272.?Adulteration  and  misbranding:  of   olive   oil.     XT.   S.     *     *     *     v.   IK
Cans and 7 Cans * * * of Olive Oil. Default decrees of con??
demnation, forfeiture, and sale. (F. & D. Nos. 15139, 15140. I. S. Nos.?
5627-t, 5628-t.    S. No. E-343 3.)
On July 18,1921, the United States attorney for the District of Massachusetts,?
acting upon reports by the Secretary of Agriculture, filed in the District?
Court of the United States for said district libels, respectively, for the seizure?
and condemnation of 15 cans, i gallon each, and 7 cans, ? gallon each, of?
olive oil, remaining unsold at Brockton, Mass., alleging that the article had?
been shipped by the Alpha Importing Co., New York, N. Y., on or about May?
11, 1921, and transported from the State of New York into the State of Massa??
chusetts, and charging misbranding, with respect to the former, and adultera??
tion and misbranding, with respect to the latter, in violation of the Food and?
Drugs Act, as amended. The article contained in each of the respective?
sized cans was labeled in part: " Marconi Brand Finest Pure Olive Oil * * *."
Adulteration of the product contained in the half-gallon cans was alleged?
in the libel for the reason that a substance, to wit, oil other than pure olive?
oil, had been mixed and packed therewith so as to lower, reduce, and in??
juriously affect its quality and strength and had been substituted in part for?
pure olive oil, which the said article purported to be, and for the further-?
reason that the said substance had been mixed with the said article in a?
manner whereby its damage and inferiority were concealed.
Misbranding of the product contained in the said half-gallon cans was?
alleged in substance for the reason that certain statements, to wit, " Marca?
Marconi Olio Purissimo D'Oliva Guglielmo Marconi Marca Registrata?
* * * Half Full Gallon," together with the cut of Guglielmo Marconi and?
of the ocean and rising sun, borne on the labeling of the said cans, regarding?
the article and the ingredients and substances contained therein, were false?
and misleading in that they represented the said article to be pure olive oil?
made in a foreign country, and for the further reason that the article was?
labeled as aforesaid so as to deceive and mislead the purchaser thereof into?
the belief that it was pure olive oil and that each of the said cans contained?
a full half gallon of the said article, whereas, in truth and in fact, it was not?
pure olive oil and was not made in a foreign country, but was an adulterated?
product composed in part of an oil other than olive oil and was made in the
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[Supplement 138,
United States of America, and the said cans did not contain a full half gallon?
of the said article. Misbranding of the product contained in the said half-?
gallon cans was alleged for the further reason that it was a product composed?
in part of oil other than olive oil, prepared in imitation of, and offered for?
sale under the distinctive name of, another article, to wit, pure olive oil.?
Misbranding was alleged with respect to the product contained in both sized?
cans for the 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 pack??
age, since the quantity stated on the labeling thereof was more than the?
actual contents of the said packages.
On November 14, 1921, no claimant having appeared for the property, judg??
ments of condemnation and forfeiture were entered, and it was ordered by the?
court that the product be sold by the United States marshal, in packages?
properly branded so as to show the correct weight and nature of the contents?
thereof.
0. F. MARVIN, Acting Secretary of Agriculture.