26322. Adulteration   and misbranding of   olive   oil.     U.   S.   v.   84,   19,   and   14
Cartons, et al., of Olive Oil. Decree of condemnation. Product re- 
leased under bond to be relabeled. (F. & D. no. 37584. Sample nos. 
65667-B, 65668-B, 65669-B, 66120-B, 66121-B, 66122-B.
This case involved alleged olive oil that was adulterated with tea-seed oil.
On April 13, 1936, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 117 cartons of 
alleged olive oil at Boston, Mass., alleging that the article had been shipped in 
interstate commerce on or about March 21, 1936, by L. Raduazzo, from New 
York, N. Y., and charging adulteration and misbranding in violation of the Food 
and Drugs Act
The article was labeled in part: "Caldarone Brand Imported Pure 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 appearing upon the labels were false and misleading and tended to 
deceive and mislead the purchaser when applied to a product containing tea-
125448"—37 2
seed oil: (Main panels, 1-gallon and half-gallon cans) "Imported Pure Olive 
Oil", "Olio Puro D Oliva Importato"; (1-quart cans) "Pure Olive Oil Imported 
from Italy", "Olio Puro D Oliva Importato Dallas Italia"; (side panels, all cans) 
"The olive oil contained in this can is pressed from the very best olive fruit,
* * * guaranteed to be absolutely pure under any chemical analysis. The 
consumer is advised to destroy this can as soon as empty, in order to prevent 
others from refilling it with adulterated oil. folio be contiene questa latta e 
ottenuto dal migliore fruito Di oliva confezionato igienicamente e garantito 
puro a qualsiasi analisi chimica, II consumatore e pregato Di distruggere la 
latta appena vuota per evitare he altri ne facciano so con olio adulteration"; 
(tops of all cans) "Imported Olive Oil"; (1-gallon and half-gallon cans) design 
of olive branches bearing olives.
On September 8, 1936, A. J. Capone Co., Inc., having appeared as claimant 
for the article and having admitted the allegations of the libel, judgment of 
condemnation was entered and it was ordered that the article be released under 
bond conditioned that it be relabeled under the supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.