3.6617.  Adulteration and misbranding- of olive oil.    V. S. v. 34 Cans, et al.,  \ 
of   Olive   Oil.    Default   decrees   of   condemnation,   torieitxtve,  and j 
destruction.     (F. & D. Nos. 23592, 23647.    I. S. Nos. 013126, 03439, 0344*6'. 
S. Nos. 1837, 1859.)
On April 6 and April 20, 1929, respectively, the United States attorney for j 
the District of Maryland, acting upon reports by the Secretary of Agriculture, | 
filed in the District Court of the United States for said district libels praying j 
seizure and condemnation of 7 gallon cans, 13 half-gallon cans, and 34 quart J 
cans of olive oil, remaining in the original unbroken packages at Frostburg, 1 
Md., alleging that the article had been shipped by the Mesic Packing & Pro- 1 
vision Co., from Clarksburg, W. Va., m part on or about December 4, 1928, J 
and in part on or about January 2, 1929, and transported from the State oi | 
West Virginia into the State of Maryland, and charging adulteration and mis-1 
branding in violation of the food and drugs act as amended.
It was alleged in substance in the libels that the article was adulterated & 
that cottonseed oil had been mixed and packed with and substituted in part i&s' 
olive oil. 
?  
Misbranding was alleged with respect to the quart cans of the article for J 
the reason that the following statements and  designs, borne on the label," 
" Extra Fine Olive Oil Olio d'OIiva Purissimo Importato Italia Brand    *    *   *
Quest Olio Di Oliva Risulta Assolutamente Puro Sotto Analisi Chimica Un-, 
excelled for Table or Medicinal Use (design of crown and coat of arms)" wer&'l 
false and misleading and deceived and misled the purchaser, and for the fux?I 
ther reason that the article was falsely branded as to the country in which it j 
was manufactured or produced, in that it purported to be a foreign product/* 
when it was not a foreign product but was manufactured or produced in the J 
United States.   Misbranding was alleged with respect to the gallon and halfi^ 
gallon cans of the article for the reason that the statements, designs, or devices^ 
borne on the labels, "Extra Fine Olive Oil Olio d'OIiva Purissimo Importato-5! 
(cut of crown, coat of arms, and olive branches) Italia Brand   *   *   *   1 Gal-1
Ion Net," and " y2 Gallon Net," " Quest Olio di oliva Risulta Assolutamente 
Puro Sotto Analisi Chimica," " Unexcelled for Table or Medicinal Use," were 
false and misleading and deceived and misled the purchaser; for the further 
reason that the article was food in package form and the quantity of the 
contents was not plainly and conspicuously marked on the outside of the pack- 
ages, and the statements made were not correct; for the further reason that 
the article purported to be a foreign product when not so; and for the further 
reason that it was offered for sale under the distinctive name of another aiticle. 
On June 11, 1929, no claimant having appeared for the property, judgments 
of condemnation and forfeiture were entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
ARTHUR M. Hrraa, Secretary of Agriculture.