25948. Adulteration and misbranding of olive oil.    U. S. v. 8 and 23 Cans of 
Alleged  Olive Oil.    Default decree  of condemnation and  destruction.
(F. & D. nos. 37389, 37390.    Sample nos. 43873-B, 43874-B, 43875-B.)
These cases involved two interstate shipments of so-called olive oil that con- 
tained tea-seed oil; the cans containing the oil in one shipment were short in 
volume.
On March 26,1936, the United States attorney for the District of Maine, act- 
ing upon a report by the Secretary of Agriculture, filed in the district court two 
libels, one praying seizure and condemnation of 8 cans; and the other, 23 cans 
of so-called olive oil at Portland, Maine, alleging that the article had been 
shipped in interstate commerce on or about November 8, 1935, by the A. Accardi 
Co., from Boston, Mass., and that it was adulterated and misbranded in viola- 
tion of the Food and Drugs Act. The article was described on the label as 
"Lola Brand Extra 1 Olio Puro d Oliva Sublime."
The article in the lot of 8 cans and in the lot of 23 cans was alleged to be 
adulterated in that tea-seed oil had been mixed and packed with the article so 
as to reduce or lower its quality or strength, and in that tea-seed oil had been 
substituted in whole or in part for olive oil, which the product purported to be.
The article in the lot of 8 cans and in the lot of 23 cans was alleged to be 
misbranded in that the following statements and designs appearing on the cans 
were false and misleading and tended to deceive and mislead the purchaser, 
when applied to a product containing tea-seed oil: A map of Italy and designs 
of olive branches and gold medals, and the statements, "Puro Olio Vergine 
D'Oliva La Migliore * * * Extra 1 Lucca Italy Olio Puro d Oliva Sublime", 
"The Olive Oil contained in this can is pressed from fresh picked high grown 
fruit, packed by the grower under the best sanitary condition, and guaranteed 
to be absolutely pure under any chemical analysis. The producer begs to recom- 
mend to the consumer to destroy this can as soon as empty in order to prevent 
unscrupulous dealers from refilling it with adulterated Oil or Oil of an inferior 
quality. The producer warns all such dealers that he will proceed against them 
to the full extent of the law. * * * Ohio d Oliva contenuto in questa latta 
e ottenuto dal miglior fruito appena colto confezionato dal produttore nelle 
migliori condizioni igieniche e garantito puro a qualsiasi analisi chimica. II 
produttore raceomanda al consumatore ii distruggere questa latta appena vuota 
affine hi eviltare be poco scrupolosi rivenditori la riempiano con olii adulter- 
atio con olii ii quality inferiore. II produttore avverte tali rivenditori be 
procedera contro Di loro a termini hi legge", and "Imported from Italy." The 
article in the lot of 8 cans and in the lot of 23 cans was alleged to be mis- 
branded further in that it was offered for sale under the distinctive name of 
another article, namely, olive oil. The article in the lot of 23 cans was alleged 
to be misbranded in that the statements appearing on the cans, "One Gallon" 
or "One Quart", as the case might be, were false and misleading and tended to 
deceive and mislead the purchaser when applied to a product which was short 
in volume; and in that it was food in package form and the quantity of the 
contents was not plainly and conspicuously marked on the outside of the pack- 
age, since the quantity stated was not correct.
On April 7, 1936, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be destroyed.
W. It. GEEGG, Acting Secretary of Agriculture.