21257. Adulteration and Misbranding of olive oil.    U. S. v. Eleven 1-Gallon
Cans   of   Oil.     Default   decree   of   condemnation  and   destruction.
(B\ & D. no. 30042.    Sample no. 35084-A.)
This case involved the interstate shipment of a quantity of oil which was 
labeled to convey the impression that it was imported olive oil but which con- 
sisted chiefly of cottonseed oil of domestic origin.
On April 4, 1933, the United States attorney for the Northern District of Ohio, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of eleven 1-gallon cans of oil at 
Canton, Ohio, alleging that the article had been shipped in interstate commerce 
by the Oriental Products Co., from Canton, Ohio, to Grand Rapids, Mich., that 
it had been refused by the consignee and had been returned to Canton, Ohio, 
and that it was adulterated and misbranded in violation of the Food and Drugs 
Act. The article was labeled in part: " Olio D Oliva Misto Santa Maria Brand 
N.U.S.P. Packed in U.S.A. By Santa Maria Olive Oil Company. * * * 
Questo Olio D Oliva." The label also bore designs of olive branches and the 
Italian national colors.
It was alleged in the libel that the article was adulterated in that cottonseed 
oil had been mixed and packed therewith so as to reduce, lower, and injuriously 
affect its quality and strength and had been substituted wholly or in part for 
the article.
Misbranding was alleged for the reason that the statements, " Olio D Oliva " 
and " Questo Olio D Oliva", the designs of olive branches, and the Italian 
national colors in the main color scheme of the principal panel of the can label 
were false and misleading and deceived and misled the purchaser when applied 
to an article consisting chiefly of cottonseed oil of domestic origin. 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 offered for sale 
under the distinctive name of another article.
On July 11, 1933, no claimant having appeared for the property, judgment 
of condemnation was entered, and it was ordered by the court that the product 
be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.