17261. Adulteration and Misbranding of olive oil,    U. S. v. 1 Drum of Olive
Oil.    Default decree of condemnation, forfeiture, and destruction.
(F. & D. No. 24727.    I. S. No. 029177.    S. No. 3072.)
On or about April 21, 1930, the United States attorney for the District of 
New Jersey, ac'^g upon a report by the Secretary of Agriculture, filed in the 
District Cou. .^e United States for said district a libel praying seizure and
condemnation of 1 drum of olive oil at Newark, N. J., alleging that the article 
had been shipped by Economu & Ritsos, from New York, N. Y., on or about 
March 27, 1930, and transported from the State of New York into the State of 
New Jersey, and charging adulteration and misbranding in violation of the food 
and drugs act as amended. The article was labeled in part: " Minerva Lted. 
Silvana Brand Extra Superior Olive Oil Malaga Spain."
It was alleged in the libel that the article was adulterated in that cottonseed 
oil had been mixed and packed with and substituted in part for the said article.
Misbranding was alleged for the reason that the article was falsely branded 
as to the country in which it was manufactured or produced, in that it pur- 
ported to be a foreign product, whereas it was manufactured or produced within 
the United States. Misbranding was alleged for the further reason that the 
statement on the label, " Extra Superior Olive Oil, Malaga, Spain," was false 
and mislead ng and deceived and misled the purchaser, since the said article 
consisted largely of cottonseed oil and was produced in the United States. 
Misbranding was alleged for the further reason that the article was offered for 
sale under the distinctive name of another article, to wit, olive oil, and for the 
further reason that it was food in package form and the quantity of the con- 
tents was not plainly and conspicuously marked on the outside of the package.
On May 27, 1930, 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.
ABTHTJB M. HYDE, Secretary of Agriculture.