31166. Adulteration and misbranding of olive oil/ U. S. v. 12 Dozen Half-pint 
Cans of Olive Oil (and 2 other seizure actions against olive oil). De- 
fault decrees of condemnation.   Product ordered said for technical use.
(PA D   Nos   37410. 37428, 37518.    Sample Nos. 53987-B, 53992-B. 53993-B, 
67313-B.)
Examination of this product showed that it contained tea-seed oil; also, that 
the half-pint cans were short of the declared volume.
On March 10 and 24 and April 22„ 1936, the United States attorney for the 
Eastern District of Pennsylvania filed libels against 12 dozen half-pint cans, 13 
cartons each containing 16 half-pint cans, 19 cartons, each containing 1 pint can, 
and 16 gallon cans of olive oil at Philadelphia, Pa., alleging that the article had 
been shipped in interstate commerce by the Agash Refining Corporation from 
Brooklyn, N. Y„ within the period from on or about June • 13 to December 30, 
1935 • and charging that it was adulterated and misbranded.
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 it purported to be.
It was alleged to be misbranded: (1) In that the following or similar state- 
ments on the label, "Imported Product Pure Olive Oil," "The Olive Oil con- 
tained in this can is pressed from fresh picked high grown fruit * * * It 
is * * * guaranteed to be absolutely pure," and designs of an olive tree, 
olive branches, and Italian coat of arms- and Italian flag, were false and mis- 
leading and tended to deceive and mislead the purchaser when applied to a prod- 
uct containing tea-seed oil. (2) In that it was offered for sale under the distinctive 
name ef another article, i. eC, olive oil.'"" The product in the half-pint cans was
alleged to be misbranded further: (1) In that the statements on the label, "%e 
alone Netto * * * One full half pint" or "Oontenuto %e Gallon Netto," 
were false and misleading as applied to a product in cans containing less than 
one-half-pint. (2) In that it was in package form and the quantity of the eon- 
tents was not plainly and conspicuously marked on the outside package, since 
the quantity stated was not correct.
On May 29, 1942, no formal appearance or claim or answer having been Uted, 
judgment of condemnation was entered and it was ordered that the product be 
sold for use as soap stock.