?025. Adulteration JintI misbranding' of olive oil. U. S. * * * v.. 3 Cases * * * of Alleged Olive Oil. I>efaxilt decree of coradeimnatioia, for?? feiture, a.xi.il sale. (F. & D. No. 9413. I. S. Nos. 2223-r, 2226-r. S. No.? W-250.) On October 28, 1918, the United States attorney for the Southern District of? California, acting upon a report by the Secretary of Agriculture, filed in the? District Court of the United States for said district a libel for the seizure and? condemnation of 3 cases, containing 48 cans of alleged olive oil, remaining unsold? in the original unbroken packages at East San Pedro, Cal., alleging that the? article had been shipped on or about May 33, 1918, by Henry M. Diny Co., New? York, N. Y., and transported from the State of New York into the State of? California, and charging adulteration and misbranding in violation of the Food? and Drugs Act. The article was labeled in part, "Olio Puro D'OIiva Lucca? Italy " and " Finest Quality Olive Oil." Adulteration of the article was alleged in substance in the libel for the? reason that cottonseed oil had been mixed and packed therewith so as to reduce? and lower and injuriously affect its quality and strength, and had been sub?? stituted wholly or in part for olive oil. Misbranding of the article was alleged in substance for the reason that the? cans containing it were labeled " Olio Puro D'OIiva Lucca Italy, Net Contents? Full Gallon," and " Finest Quality Olive Oil Pure Termini Imerese Sicilia-? Italia, Guaranteed Absolutely Pure, 1 Gallon Net," whereas, in truth and in? fact, said cans did not contain " Olio Puro D'OIiva Lucca Italy," and " Finest? Quality Olive Oil Pure Termini Imerese Sicilia-Italia," but contained a mixture? of cottonseed oil and olive oil, and the said labeling and branding were calcu?? lated to mislead and deceive the purchasers thereof; and for the further reason? that it was an imitation of, and was offered for sale under the distinctive name? of, another article, to wit, " Olio Puro D'OIiva Lucca Italy," and " Finest? Quality Olive Oil Pure Termini Imerese Sicilia-Italia," whereas, in truth and in? fact, it was not as represented on the labels, but was a mixture of cottonseed? oil and olive oil; and for the further reason that it purported to be a foreign? product, when, in truth and in fact, it was a local product; and for the further? reason that the quantity of the contents of the cans was not correctly stated on? said cans, in that the gallon cans were labeled " Net Contents Full Gallon," and? the i-gallon cans were labeled " Full Half Gallon," whereas, in truth- and in fact,? the gallon cans did not contain 1 full gallon, and the ^-gallon- cans did not N. J. CD01-G950] SERVICE AND REGULATORY ANNOUNCEMENTS. 403 contain 1 full half gallon; and for the further reason that it was food in? package form, and the contents of the packages was not plainly and conspicu?? ously marked on the outside of the packages in terms of weight, measure, or? numerical count. On December 11, 1918, no claimant having appeared for the property, judg?? ment of condemnation and forfeiture was entered, and it was ordered by the? court that the product should be sold by the United States marshal. C. F. MARVIN, Acting Secretary of Agriculture.