26043. Adulteration and misbranding of olive oil.     XT. S. v. 11 Cans of Alleged 
Olive Oil.     Default decree of condemnation and destruction.     (F. & D.
no. 37480.    Sample no. 61085-B.)
This case involved an interstate shipment of so-called olive oil that con- 
tained tea-seed oil.
On March 27, 1936, the United States attorney for the District of New Jersey, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 11 cans of so-called olive oil at 
Jersey City, N. J., alleging that the article had been shipped in interstate com- 
merce on or about March 12, 1936, by the Italian Importing Corporation from 
New York, N. Y., and that it was adulterated and misbranded in violation of 
the Food and Drugs Act. The article was labeled in part: "Net Contents One 
Gallon L ltalia Redenta Brand Pure Olive Oil * * * L ltalia Redenta Olive 
Oil Co., N. Y."
The article 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 article purported to be.
The article was alleged to be misbranded in that the following statements 
and designs appearing upon the label were false and misleading and tended to 
deceive and mislead the purchaser, when applied to a product containing tea- 
seed oil: Designs of olive leaves and olives, a map of Italy, the Italian national 
colors, and thejstatements, "Aralia * * * Pure Olive Oil * * * Our 
olive oil is guaranteed by us to be absolutely pure under any chemical analysis 
* * * L ltalia * * * II nostro olio hi olivo e da noi garentito sotto 
qualsiasi analisi chimica assolutamente puro L ltalia." The article was alleged 
to be misbranded further in that it was offered for sale under the distinctive 
name of another article, namely, olive oil.
On May 23, 1936, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be destroyed.
W. R. GBEGG, Acting Secretary of Agriculture.