26207. Adulteration and misbranding of olive oil.     XT. S. v. Eight 1-Gallon Cans,
et al., of Alleged Olive Oil. Tried to a jury. Verdict for the Govern- 
ment. Product ordered sold. (F. & D. nos. 37308, 37309, 37329, 37330. 
Sample nos. 65614-B to 65624-B, incl.)
These cases involved olive oil that was adulterated with tea-seed oil. 
On March 6 and March 9, 1936, the United States attorney for the District 
of New Hampshire, acting upon reports by the Secretary of Agriculture, filed
in the district court libels praying seizure and condemnation of 143 cans, in 
various sizes, of alleged olive oil at Manchester and Nashua, N. H., alleging 
that the article had been shipped in interstate commerce on or about September 
16, December 19, 1935, and January 25, 1936, by Cosmos Food [Stores] Inc., 
from Lynn, Mass., and charging adulteration and misbranding in violation of 
the Food and Drugs Act. The article was labeled in part: "Cosmos Brand 
Pure Italian Olive Oil."
The article was alleged to be adulterated in that tea-seed oil had been mixed 
and packed therewith 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 were false and misleading and tended to deceive and mislead the 
purchaser when applied to a product containing tea-seed oil, (cans) "Imported 
Extra Fine Virgin Pure Italian Olive Oil, [designs of medals inscribed "Vittorio 
Emanuele III Re D ltalia" and "Exposition Agriculture Roma Medaglia Thoro"] 
Gold Medal Award * * * Extra Fine Pure Olive Oil This Olive Oil 
is guaranteed absolutely pure and of the finest quality * * * Extra Fine 
Olio D Oliva Sopraffino Quest' olio essendo assolutamente puro non sole e 
raccomandato come medicinale ma anche per tutti quegli usi in cui e indicato 
L'olio Delia * * * Pure Italian Olive Oil"; and in that it was offered 
for sale under the distinctive name of another article, namely, olive oil.
On June 16, 1936, the Cosmos Food Stores, Inc., having appeared as claimant 
and having contested the cases, they were tried to a jury which returned a 
verdict on June 23, 1936, for the Government. On July 8, 1936, judgment was 
entered decreeing that the product was adulterated and misbranded and order- 
ing that it be destroyed or sold and that the claimant pay the cost of the 
proceeding. On September 17, 1936, supplemental decrees were entered ordering 
that the product be sold.
HARRY L. BROWN, Acting Secretary of Agriculture.