3 0804. Adulteration and misbranding: of olive oil. IT. S. v. 20 Cans of Al??
leged Olive Oil. Default decree of condemnation, forfeiture, and?
destruction or sale. (F. & D. No. 15030. I. S. No. 6613-t. S. No.?
E-3376.)
On June 8, 1921, the United States attorney for the District of Connecticut,?
acting upon a report by the Secretary of Agriculture, filed in the District Court?
of the United States for said district a libel for the seizure and condemnation?
of 20 cans of alleged olive oil, remaining unsold in the original unbroken?
packages at Bridgeport, Conn., alleging that the article had been shipped by?
Yohalem & Diamond, New York, N. Y., on or about May 10, 1921, and trans??
ported from the State of New York into the State of Connecticut, 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 libel for the reason?
that cottonseed oil had been mixed and packed with the said article so as to?
reduce and lower and injuriously affect its quality and strength, and had?
been substituted wholly or in part therefor, and for the further reason that?
it had been mixed in a manner whereby damage and inferiority were con??
cealed.
Misbranding was alleged in substance for the reason that the cans con??
taining the article bore certain statements, to wit, " Pure Olive Oil * * *?
This Olive Oil is guaranteed to be absolutely pure under chemical analysis?
Lucca Italy," which statements, together with the use of the Italian language,?
were false and misleading in that they were intended to be of such a character?
as to induce the purchaser to believe that the said article was pure olive oil,?
when, in truth and in fact, it was not. Misbranding was alleged for the further?
reason that the article was an imitation of and offered for sale under the dis??
tinctive name of another article, to wit, 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 said package.
On June 21, 1922, no claimant having appeared for the property, judgment?
of condemnation and forfeiture was entered, and it was ordered by the court?
that the product be sold by the United States marshal, or destroyed, if such?
sale could not be speedily effected.
C. W. PUGSLEY, Acting Secretary of Agriculture.