10608. Misbranding of compound oil and adulteration and misbranding of?
olive oil. U. S. * * * v. SO * * * Cans * * * of Com??
pound Oil and 6 * * * Cans * * * of * * * Olive?
Oil.     Default   decrees   of   condemnation,   forfeiture,   and   destruction.
(F. & D. Nos.  15339,  15341.    I.  S. Nos.  15418-t,  15422-t.    S. Nos. B-3538,?
B-3540.)
On August 8, 1921, the United States attorney for the District of New Jersey,?
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 con??
demnation of 20 gallon cans of compound oil and 6 gallon cans of olive oil,?
so called, remaining unsold at Hoboken and Paterson, N. J., respectively,?
alleging that the articles had been shipped by I. Haber, New York, N. Y., on or?
about June 15, 1921, and transported from the State of New York into the?
State of New Jersey, and charging misbranding with respect to the former?
and adulteration and misbranding with respect to the latter, in violation of?
the Food and Drugs Act, as amended. The articles were labeled in part,?
respectively: " Prophet Brand Extra Fine Oil * * * A Compound * * *";?
and " Olio d'Oliva Puro Importato    *    *    *    Napoli Brand    *    *    *."
Misbranding of the articles was alleged in the libels for the 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 package, since the statements?
made thereon were not correct. Misbranding was alleged in substance for?
the further reason that the labels on the packages containing the respective?
articles bore the statement, to wit, " Net Contents One Gallon," and the labels?
on the packages containing the so-called olive oil bore the further statements?
regarding the said olive oil or the ingredients or substances contained therein,?
to wit, " Olio d'Oliva Puro Importato Pure Imported Olive Oil Napoli Brand?
* * * This
 imported olive oil is guaranteed to be absolutely pure and?
especially adapted for medicinal and table "use," together with similar state-
844	
BUREAU  OF  CHEMISTRY.	
[Supplement 143,
ments in Italian anil a cut of a foreign scene suggesting Naples, which were?
false and misleading and deceived and misled the purchaser.
Adulteration of the so-called olive oil, considered as a food, was alleged in?
substance for the reason that a substance, peanut oil, had been mixed and?
packed therewith so as to reduce, lower, or injuriously affect its quality or?
strength, had been substituted wholly or in part for the said article, and had?
been mixed therewith in a manner whereby damage or inferiority was con??
cealed. Adulteration of the said olive oil, considered as a drug, was alleged?
for the reason that it was sold under a name recognized in the United States?
Pharmacopoeia and differed from the pharmacopceial standard of strength,?
quality, or purity.
On February 9, 1922, no claimant having appeared for the property, judgments?
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. PTJGSLEY, Acting Secretary of Agriculture.