15933. Adulteration and misbranding of olive oil.    XJ. S. v. 21 Q.uart Cans
and 10 One-Half Gallon Cans of Olive Oil. Default decree of 
condemnation, forfeiture, and sale. (F. & D. No. 22791. I. S. Nos. 
21715-x, 21716-x.    S. No. 824.)
On May 21, 1928, the United States attorney for the District of Massachusetts, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for said district a libel praying seizure and condemnation 
of 21 quart cans and 10 one-half gallon cans of olive oil, remaining in the origi- 
nal unbroken packages at Fall River, Mass., consigned about February 24, 1928, 
alleging that the article had been shipped by the United Importers, Inc., Provi- 
dence, R. 1., and transported from the State of Rhode Island into the State of 
Massachusetts, and charging adulteration and misbranding in violation of the 
food and drugs act as amended.
It was alleged in the libel that the article was adulterated in that a substance, 
cottonseed oil, had been substituted wholly or in part for the said article and 
had been mixed and packed therewith so as to reduce, lower, or injuriously 
affect its quality or strength.
Misbranding was alleged fof the reason that the following statements, borne 
on the package or label, were false and misleading and deceived and misled the 
purchaser: "Pure Olive Oil Extra Fine Quality Italian Product Lucca Italy. 
This oil is guaranteed to be absolutely pure and made from the finest selected 
olives. This virgin oil * * *;" (similar statements in Italian) "Lucca 
Bitonto Porto Maurizio Termini Imerese " (use of Italian language). Misbrand- 
ing was alleged for the further reason that the article was offered for sale 
under the distinctive name of another article, for the further reason that it 
purported to be a foreign product when not so, and for the further reason that 
the package was falsely branded as to the country in which it was manufactured
or prepared. Misbranding was alleged with respect to the quart cans of the 
product for the further reason that the article was in package form and the 
quantity of the contents was not plainly and conspicuously marked on the out- 
side of the package, since the statement made was not correct, and for the- fur- 
ther reason that the statement "Contents One Quart," borne on the label, was 
false and misleading and deceived and misled the purchaser.
On July 6, 1928, 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.
ARTHUR M. HYDE, Seci'etary of Agriculture.