11028. Adulteration   and   misbranding   of   olive   oil.     XI.   S.   v.   1   Barrel   of
Olive Oil.    Default decree of condemnation, forfeiture, and sale.
(F. & D. No. 17588.    I. S. No. 10601-v.    S. No. E-4410.)
On June 23, 1923, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying the 
seizure and condemnation of 1 barrel of olive oil, remaining in the original 
unbroken package at Lynn, Mass., alleging that the article had been shipped
by Mammoth Bros., or Marmarelli Bros. & Katramados, from New York, 
N. Y., on or about September 12, 1922, and transported from the State of New 
York into the State of Massachusetts, and charging adulteration and mis- 
branding in violation of the Food and Drugs Act. The article was labeled in 
part, (tag) "From Marmarelli Bros. & Katramados Importers Of Olive Oil 
* * * Italian, Greek and Oriental Products," and bore a design showing 
olive branches bearing olives, also a cut of two barrels with legend on head, 
" M. B. & K. Pure Olive Oil," and was invoiced as olive oil.
Adulteration of the article was alleged in the libel for the reason that a 
substance, to wit, cottonseed oil, had been mixed and packed therewith so 
as to reduce and lower and injuriously affect its quality and strength a ad 
had been substituted in whole or in part for the said article.
Misbranding was alleged for the reason that the product consisted of a 
mixture of cottonseed oil and olive oil, prepared in imitation of and sold and 
offered for sale under the distinctive name of another article, to wit, pure 
olive oil. Misbranding was alleged for the further reason that the article 
was labeled in part, " Importers Of Olive * * * Italian, Greek and Oriental 
Products," and bore a design showing olive-bearing branches, also a design 
of two barrels with inscription on head, " M. B. & K. Pure Olive Oil," which 
statements, designs, and devices were false and misleading and deceived and 
misled the purchaser in that they represented to purchasers that the said 
article was pure olive oil, whereas, in truth and in fact, it was not pure 
olive oil but was a product consisting of a mixture of cottonseed oil and 
olive oil.
On November 5, 1923, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be sold by the United States marshal.
C. F. MABVIN, Acting Secretary of Agriculture.