JOK35. Adulteration and Misbranding of oil and olive oil. U. S. * * * 
v. 8 One-Fourth Gallon Tins * * * of Oil and 3 Gallon Tins 
*     *     *    of Olive Oil     *     *     *.    Default decrees of condemnation,
forfeiture,  and  destruction.     (P.   & D.  Nos.  14894,   14895.     I.   S.   Nos. 
7102-t,  7104-t.     S. No. B-3356.)
On May 16. 1921, the United States attorney for the District of New Jersey, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for said district libels for the seizure aad condemnation of 
S one-fourth gallon tins of oil and 3 galloa tins of olive oil, remaining in the 
original unbroken packages at Plainfleld, N. J., alleging that the articles had 
been shipped by the Southern Olive Oil Co., New York, N. Y., on or about 
March 28, 1921, and transported from the State of New York into the State of 
New Jersey, and charging adulteration and misbranding in violation of the 
Food and Drugs Act, as amended. The " Fabbrini Brand " bore a cut of foreign 
design, representing a bear standing with its fore paws on a tin of said oil, and 
also a representation of olive branches and on another part of the tin a foreign 
design of an Italian girl carrying olive branches and the statement in conspicu- 
ous type. " Fabbrini Brand i Gallon Net," and the further statement in incon- 
spicuous type, " Cotton Seed Flavored with Olive Oil." The " Caruso Brand " 
bore a representation of olive branches, showing ripe olives and a trade mark 
design, to wit, a representation of an urn and the statements, " Net Contents 
One Gallon Caruso * * * Puro Olio D'Oliva * * * Southern Olive 
Oil Co. Sole Agents * * * Product Of The Compagna Anonima Raffinerie 
Unite Susa-Oneglia Incorporated In The U. S. Of America Under The Name Of 
Southern Olive Oil Co. * * * This Can Contains The Best Olive Oil Ever 
Produced.    *    *    *."
Adulteration of the articles was alleged in substance in the libels for the 
reason that certain substances, to wit, cottonseed oil and peanut oil with respect 
to the " Fabbrini Brand," and cottonseed oil with respect to the " Caruso Brand," 
had been mixed and packed with the said articles so as to reduce and lower and
injuriously affect their quality and strength and had been substituted wholly or 
in part for olive oil, which the articles by their labelings and designs purported 
1o be; and for the further reason that the said substances had been mixed with: 
the said articles in a manner whereby their damage and inferiority were 
concealed.
Misbranding was alleged in substance for the reason that the respective labels 
and designs as above represented, borne on the cans containing the articles, 
regarding the said articles and the substances contained therein, constituted 
designs and devices which were false and misleading in that they represented 
that the articles were pure olive oil made in a foreign country, and that the 
cans containing the " Fabbrini Brand " contained one-quarter gallon thereof, 
whereas, in truth and in fact, the said articles were not foreign products and 
were not pure olive oil but were products composed wholly or in part of cotton- 
seed oil, and the cans containing the said " Fabbrini Brand " contained less 
than one-quarter gallon thereof. Misbranding was alleged for the further 
reason that the articles were labeled as aforesaid so as to deceive and mislead 
the purchaser into the belief that they were pure olive oil and foreign products, 
whereas, ,in truth and in fact, they were not pure olive oil and were not foreign 
products but were products composed of cottonseed oil and peanut oil, or cotton- 
seed oil, as the case might be. Misbranding was alleged m substance for the 
further reason that the articles were imitations of, and were offered for sale- 
under the distinctive name of, another article; and for the further reason that 
they were food in package form, and the quantity of the contents was not 
plainly and conspicuously marked on the outside of the packages.
On February 9, 1922, no claimant having appeared for the property, judg- 
ments of condemnation and forfeiture were entered, and it was ordered by the 
court that the products be destroyed'by the United States marshal.
C. W. PUGSLEY, Acting Secretary of Agriculture.