3 0881. Adulteration and misbranding- of olive oil. tl. S. v. 18 Quarts and?
11 Half-Gallons, et al, of Olive Oil. Default decrees of condemna??
tion, forfeiture, and destruction or sale. (F. & D. Nos. 13964 to?
13969, incl. I. S. Nos. 6506-t to 6513-t, incl. S. Nos. E-2891 to E-2895,?
incl., E-2897.)
On November 29, 1920, the United States attorney for the District of Con??
necticut, acting upon a report by the Secretary of Agriculture, filed in, the?
District Court of the United States for said district libels, and on January 13.?
1921, amendments to said libels, praying the seizure and condemnation of 67?
quarts, 29 half-gallons, and 31 gallons of olive oil, remaining unsold in the?
original unbroken packages, in part at Danbury, New Britain, Waterbury.?
Norwalk, Ansonia, and Derby, Conn., respectively, alleging that the article?
had been shipped by Poleti, Coda & Rebecchi, New York, N. Y., between the?
?dates of September 11 and October 7, 1920, and transported from the State of?
New York into the State of Connecticut, and charging adulteration and mis-?
"branding in violation of the Pood and Drugs Act.
Adulteration of the article was alleged in the libels as amended for the?
reason that cottonseed and soya-bean oils had been mixed and packed there??
with so as to reduce and lower and injuriously affect its quality and strength?
and had been substituted wholly or in part for the product purporting to be?
olive oil.
Misbranding was alleged in substance for the reason that the labels on the?
cans containing the article bore certain statements, designs, and devices re??
garding the article and the ingredients and substances contained therein, to?
wit. " Olio La Viva Italia Brand (Design) Superior in quality, economy and?
flavor to Olive Oil Fine Edible Salad Oil Blended with Pure Olive Oil?A?
Compound Packed in New York. Net Contents 1 Quart * * * " (or " *?
?Gallon") (or "1 Gallon"), which were so arranged as to type and location as?
to be false and misleading and to deceive and mislead the purchaser, in that?
they were and were intended to be of such a character as to induce the pur??
chaser to believe that the said article was 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 was offered for sale under the distinctive
N. J. 10851-10900.]    SERVICE AND REGULATORY ANNOUNCEMENTS.      489
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 not plainly and?
conspicuously marked on the outside of the packages since the statements made?
thereon were not correct.
On October 10, 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, or destroyed if?
such sale could not be speedily effected.
0. F. MARVIN, Acting Secretary of Agriculture.