17042. Adulteration  and  Misbranding of  olive   oil.    U.   S.  v.   72  Cans   of
Olive Oil.    Default decree of condemnation, forfeiture, and sale.
(F. & D. No. 24004.    I. S. No. 018483.    S. No. 2275.)
On September 19, 1929, the United States attorney for the District of 
Colorado, 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 72 cans of olive oil, remaining in the original packages at 
Denver, Colo., consigned by S. Savona, New York, N. Y., alleging that the 
article had been shipped from New York, N. Y., on or about August 23, 1929, 
and transported from the State of New York into the State of Colorado, and 
charging adulteration and misbranding in violation of the food and drugs act 
as amended. The article was labeled in part: " Superfine Olive Oil Imported 
Italia Brand Lucca Italia Net Contents One Gallon."
It was alleged in the libel that the article was adulterated in that a sub- 
stance, to wit, cottonseed oil, had been mixed and packed with and substituted 
in part for the said article.
Misbranding was alleged for the reason that the statements, " Superfine 
Olive Oil Imported Italia Brand Lucca Italia Net Contents One Gallon," were 
false and misleading and deceived and misled the purchaser. Misbranding was 
alleged for the further reason that the article was offered for sale under the 
distinctive name of another article, and for the further reason that it was food 
in package form and failed to bear a plain and conspicuous statement of the 
quantity of the contents, since the statement made was incorrect.
On December 17, 1929, 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 relabeled under the direction of this department, and 
sold by the United States marshal.
ABTHUB M. HYDE, Secretary of Agriculture.