26661. Adulteration  and misbranding of  olive  oil.     V.  S.  v.   69  Cases  and 26
Cases of Olive Oil. Consent decree of condemnation. Product released 
nnder bond for relabeling. (F. & D. no. 37553. Sample nos. 52916-B, 
52917-B.)
This case involved olive oil that was adulterated with tea-seed oil.
On April 6, 1936, the United States attorney for the Eastern District of 
Missouri, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 69 cases, each 
containing six gallon cans, and 26 cases, each containing 24 quart cans of 
olive oil, at St. Louis, Mo., alleging that the article had been shipped in 
interstate commerce on or about August 19, 1935, by the Delta Olive Oil 
Co., Inc., from New York, N. Y., and charging adulteration and misbranding 
in violation of the Food and Drugs Act.
The article was labeled in part: "Olive Oil Pure Extra Sublime Conte Rosso, 
Guaranteed by Italo-American Importing Co.   (Incorporated)   St. Louis, Mo."
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 
had been substituted in whole or in part for olive oil, which the article 
purported to be.
Misbranding was alleged in that the following statements and designs 
appearing on the package 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; "Olive Oil Pure Extra Sublime   *    *
*
This Olive Oil is guaranteed to be absolutely pure and made from the finest 
selected Olives grown on the Italian Riviera. This Olive Oil is highly recom- 
mended for medicinal and table use. Imported Pure Olive Oil * * * Olio 
delta Puro Extra Sublime * * * Questo Olio Bolivia e garantito assoluta- 
mento puro e fabbricato con the migliori Olive della Riviera Figure E molto 
raccomandato sia per uso medicinale be per uso a tavola Olio Bolivia pro 
importato." Misbranding was alleged for the further reason that the article 
was offered for sale under the distinctive name of another article, namely, 
olive oil.
On September 25, 1936, the A. J. Capone Co., Inc., New York, N. Y., claimant, 
having admitted the material allegations of the libel and having consented to 
the entry of a decree, judgment of. condemnation was entered and it was 
ordered that the product be released under bond, conditioned that it be 
relabeled.
M. L. WILSON, Acting Secretary of Agriculture.