10654.?Adulteration   and   misbranding  of  olive   oil.    U.   S.     *     *     *     v.   21
Gallons and 14 Cans of Olive Oil. Default decrees of condemna??
tion, forfeiture, and sale. (F. & D. Nos. 14848, 14952. I. S. Nos. 8212-t,?
640'8-t.    S.  Nos.  B-3349,  EV-336'5.)
On May 11 and May 22, 1921, respectively, the United States attorney for the?
Middle District of Pennsylvania, acting upon reports by the Secretary of Agri??
culture, filed in the District Court of the United States for said district libels?
for the seizure and condemnation of 35 gallons of olive oil, remaining in the?
original unbroken packages at Scranton, Pa., alleging that the article had been?
shipped by the Southern Olive Oil Co., New York, N. Y., on or about February?
17 and March 29, 1921, respectively, and transported from the State of New York?
into the State of Pennsylvania, and charging adulteration and misbranding in?
violation of the Food and Drugs Act, as amended.
Adulteration of the article was alleged in substance in the libels for the?
reason that a substance, to wit, cottonseed oil, had been mixed and packed?
therewith so as to reduce, lower, and injuriously affect its quality and strength?
and had been substituted wholly or in part for olive oil. Adulteration was?
alleged for the further reason that the article had been mixed in a manner?
whereby damage and inferiority were concealed.
Misbranding was alleged in substance for the reason that the statements, to?
wit, " Lucca Olio Soprafino D'Oliva 1 Gallon Net," together with the use of the?
Italian language, appearing on the cans containing a portion of the article, and?
the statements, to wit, " Net Contents One Quarter Gallon Caruso Puro Olio?
D'Oliva * * * Product of the Campagnia 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. It has been packed?
by the most sanitary system," together with a cut of olive branches bearing?
olives, appearing on the cans containing the remainder of the said article, were?
false and misleading and deceived and misled the purchaser. Misbranding was?
alleged in substance for the further reason that the article purported to be a?
foreign product when not so, for the further reason that it was an imitation of?
and was offered for sale under the distinctive name of another article, to wit,?
olive oil, and for the further reason tlmt it was [food] in package form and?
the quantity of the contents was not plainly and conspicuously marked on the?
outside of the packages, since the statements set forth on the said packages?
were not correct.
On November 15, 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, after the labels?
had been obliterated from the said cans.
C. W. PUGSLEY, Acting Secretary of Agriculture.