26659. Adulteration and misbranding of olive oil.    17. S. v. 9 Cans of Alleged
Olive Oil.   Default decree of condemnation.   Product ordered destroyed 
or sold.     (F. & D. no. 37376.    Sample no. 65641-B.)
This case involved olive oil which was adulterated with tea-seed oil. The 
label of the product indicated that it was packed by a firm other than the 
actual packer and bore false and fraudulent health claims.
On March 16, 1936, the United States attorney for the District of New 
Hampshire, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of nine 1-gallon cans 
of olive oil at Nashua, N. H., alleging that the article had been shipped in 
interstate commerce on or about January 7, 1936, by John Zedros from Boston, 
Mass., and charging adulteration and misbranding in violation of the Food 
and Drugs Act as amended.
The article was labeled in part: "Alma Brand Health Pure Imported Olive 
Oil   *    *   *   John Zedros, Boston, Mass."
The article was alleged to be adulterated in that tea-seed oil had been mixed 
and packed with it 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, 
borne on the can label, were false and misleading and tended to deceive and 
mislead the purchaser when applied to a product containing tea-seed oil: 
(Main panels) "Health * * * Pure Imported Olive Oil [designs of leaves 
and fruit of the olive tree]"; (side panels) "Alma Brand Olive Oil is a superior
quality pure imported olive oil, unsurpassed for salads and cooking. Because 
of its Purity it is recommended for all Medicinal Purposes. * * * Bene- 
ficial in * * * all other purposes for which olive oil is used. * * * In- 
sist on Alma Brand to be sure that it is pure imported olive oil, guaranteed 
by the packer." Misbranding was alleged for the further reason that the 
statement on the label, "John Zedros, Boston, Mass.", was false and misleading 
and tended to deceive and mislead the purchaser since it created the impression 
that John Zedros was the packer; whereas Cosmos Food, Inc., of Lynn, Mass., 
was the packer; in that the the article was offered for sale under the distinc- 
tive name of another article, namely, olive oil, and in that the statement on 
the label, "The Regular use of this olive oil will help build a vigorous and 
healthy body", was a statement regarding the curative or therapeutic effect 
of the article and was false and fraudulent.
On July 14, 1936, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be disposed of by destruction 
or sale as the court might direct. On September 25, 1936, the product was 
ordered sold.
M. L. WILSON, Acting Secretary of Agriculture.