27417. Misbranding of oil.     TJ.  S. v. 31 Dozen Bottles and 137 Bottles  of "La
Espanola Brand Aceite de Oliva y Aceite Vegetal Reflnado."     Consent 
decrees of condemnation.     Product released under bond and relabeled.
(F. & D. nos. 38693, 38694.    Sample nos. 72352-B, 72353-B.)
This product was labeled to convey the impression that it was olive oil; 
but it consisted chiefly of corn or soybean oil, or of a mixture of both, and 
contained only a small amount of olive oil.   It was also short in volume.
On November 24, 1936, the United States attorney for the District of Puerto 
Rico, acting upon a report by the Secretary of Agriculture, filed in the district 
court libels praying seizure and condemnation of 31 dozen bottles and 137 
bottles of oil at San Juan, P. R., alleging that the article had been shipped 
in interstate commerce on or about September 24 and October 3, 1936, by 
Serrano & Alonso, Inc., from New York, N. Y., and charging adulteration and 
misbranding in violation of the Food and Drugs Act as amended. The article 
was labeled in part: "La Espanola Brand Aceite de Oliva y Aceite Vegetal 
Reflnado Contiene quince for ciento aceite puro de oliva espanol y ochenta 
y cinco for ciento aceite vegetal cientiflcamente reflnado Cont. * * * Eight 
I. Ozs."
The article was alleged to be misbranded in that the statement, "La Es- 
panola" and the prominent statement "Aceite de Oliva" (olive oil), borne on 
the label, were false and misleading and tended to deceive and mislead the 
purchaser when applied to an article consisting chiefly of corn or soybean 
oil, or a mixture of these, with a very small amount of olive oil and this 
prominent statement was not corrected by the less prominent statement 
following it on the label, "y Aceite Vegetal Reflnado" (and refined vegetable 
oil), nor the still less prominent statement, "Contiene quince per ciento 
aceite puro de oliva espanol y ochenta y cinco for ciento aceite vegetal 
cientiflcamente reflnado" (contains 15 percent pure Spanish olive oil and 85 
percent scientifically refined vegetable oil). The article was alleged to be 
misbranded further in that the statement "Cont. Eight I. Ozs." was false 
and misleading and tended to deceive and mislead the purchaser when applied 
to an article that was short in volume; and in that it was food in package 
form and the quantity of the contents was not plainly and conspicuously marked 
on the outside of the package, since the quantity stated was not correct.
On May 3, 1937, Freiria & Cia., S. en C, and Jose Martinez Lopez, San 
Juan, P. R., claimants for respective portions of the article, having admitted 
the allegations of the libels and having consented to the entry of decrees, 
judgments of condemnation were entered and the product was ordered released 
under bond conditioned that it be relabeled or exported outside of the United 
States.   The product was relabeled with a label approved by this Department.
M. L. WILSON, Acting Secretary of Agriculture.