20072. Adulteration and Misbranding of olive oil.    U.S. v. Forty  1-Gallon
Cans of Alleged Olive Oil.     Consent decree of condemnation, for- 
feiture, and destruction.     (F. & D. No. 28277.    Sample No. 10302-A.)
This action involved the shipment of a quality of alleged ovile oil, samples 
of which were found to contain little or no olive oil. Sample cans were also 
found upon examination to contain less than 1 gallon, the declared volume.
On May 5, 1932, the United States attorney for the District of New Jersey, 
acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for the district aforesaid a libel praying seizure 
and condemnation of forty 1-gallon cans of alleged olive oil, remaining in the 
original and unbroken packages at Newark, N.J., alleging that the article had 
been shipped in interstate commerce on or about October 13, 1931, by Uddo 
Taormina Corporation, from Brooklyn, N.Y., to Newark, N.J., and charging 
adulteration and misbranding in violation of the Food and Drugs Act as 
amended. The article was labeled in part: (Cans) "Contents One Gallon 
Olive Oil Compounded with Cottonseed Oil Italy Brand Trade Mark Italy 
Brand."
It was alleged in the libel that the article was adulterated in that cotton- 
seed oil with little or no olive oil had been mixed and packed with and substi- 
tuted in whole or in part for the article.
Misbranding was alleged for the reason that the statements on the label, 
" Contents One Gallon Olive Oil * * * Italy ", were false and misleading 
and deceived and misled the purchaser, when applied to an article short of 
the declared volume and containing little or no olive oil. Misbranding was 
alleged for the further reason that it was offered for sale under the distinctive 
name of another article. Misbranding was alleged for the further reason 
that the article purported to be a foreign product when not so; and for the 
further reason that it was food in package form and the quantity of the 
contents was not plainly and conspicuously marked on the outside of the 
package, since the quantity stated was not correct.
On June 3. 1932, the owner having consented to the entry of a decree-judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
R. G. TUGWELL, Acting Secretary of Agriculture.