134-38.  Adulteration and misbranding of olive oil.     TJ.  S. v. 5 Gallon Tins 
and 11 Half-Gallon Tins of Olive Oil.     Default decree of condem- 
nation, forfeiture, and  destruction.     (F. & D.  No.  20065.    I.  S.  Nos. 
24835-v, 24836-v.     S. No. C-4727.)
On May 25, 1925, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel praying the seizure and 
condemnation of 5 gallon tins and 11 half-gallon tins of olive oil, at Chicago, 
111., alleging that the article had been shipped by D. Tirabassi, from Kenosha, 
Wis., May 21, 1925, and transported from the State of Wisconsin into the State 
of Illinois, and charging adulteration and misbranding in violation of the food 
and drugs act as amended. The article was labeled in part: (Can) "Termini 
Imerese Brand Olive Oil One Gallon" (or " y2 Gallon") "Compound," (case) 
" Pure Olive Oil."
' Adulteration of the article was alleged in the libel for the reason that cotton- 
seed oil had been mixed and packed therewith so as to reduce and lower and 
injuriously affect its quality and strength and had been substituted wholly or 
in part for the said article.
Misbranding was alleged in substance for the reason that each of the tins 
containing the article was labeled " One Gallon " or " V2 Gallon," as the case
might be, which statements were false and misleading and misled and deceived 
the purchaser, in that the said statements purported that each of the tins con- 
tained 1 gallon or one-half gallon, as the case might be, whereas each of said 
tins contained less than so declared. Misbranding was alleged for the further 
reason that the article was in package form and did not have a statement of 
the contents plainly and conspicuously marked on the outside of the package in 
terms of weight or measure.
On June 3, 1925, 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 destroyed by the United States marshal.
R. W. DUNLAP, Acting Secretary of Agriculture.