27037. Adulteration and misbranding of olive oil.     TJ. S. v. 16 Half-Gallon Cans,
15 Quart Cans, and 55 Gallon Cans of Olive Oil. Default decree of 
condemnation and destruction. (F. & D. no. 37807. Sample nos. 55339-B, 
55340-B.)
This case involved olive oil adulterated with tea-seed oil.
On June 11, 1936, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 86 cans of olive oil 
at Chicago, Ill., alleging that it had been shipped in interstate commerce on 
or about February 21 and April 27, 1936, by Moscahlades Bros., 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: "Elephant Brand Im- 
ported Virgin Olive Oil Embro Import Co. * * * New York, N. Y. Sole 
Distributors."
It was alleged to be adulterated in that tea-seed oil had been mixed and 
packed therewith so as to reduce and lower its quality or strength, and had 
been substituted in whole or in part for olive oil, which it purported to be.
The article was alleged to be misbranded in that the following statements 
and designs appearing on the labels were false and misleading and tended to 
deceive and mislead the purchaser when applied to a product containing tea- 
seed oil; "Imported Virgin Olive Oil * * * Puro Olio d Oliva Vergine * * * 
[design of olive branch and olives] The olive oil contained in this can is 
pressed from fresh picked selected olives. It is guaranteed to be absolutely 
pure under chemical analysis and is highly recommended for table use and 
medicinal purposes"; Olio Di oliva be quests latta contiene, e prodotto da 
olive accuratamente scelte, e garantito Di essere assolutamente puro sotto 
qualunque analisi chemica. Esso e altamente raccomandato tanto per uso de 
tavola come per uso mediclnale."; "Imported Olive Oil"; "Imported from Italy." 
It was alleged to be misbranded further in that it was offered for sale under the 
distinctive name of another article, namely, olive oil.
On March 25, 1937, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be destroyed.
W. R. GEEGG, Acting Secretary of Agriculture.