7029. Adulteration, ant! misbranding: of olive oil. U. S. * * * v. 31f Gal- 
lons of Alleg-etJ. Olive Oil. Default decree of condemnation, for- 
feiture, and destruction. (F. & D. No. 9549. I. S. No. 6286-r. S. No. 
C-1024.)
On December 2G, 1918, the United States attorney for the Southern District 
of Texas, 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 31f gallons of an article represented to be olive oil, 
remaining unsold in the original unbroken packages at Galveston, Tex., alleg- 
ing that the, article had been shipped on or about October 2, 1918, by A. J. 
Barbanera, New York, N. Y., and transported from,the State of New Yojk 
into the State of Texas, and charging adulteration and misbranding in viola- 
tion of the Food and Drugs Act, as amended. The article was labeled " Extra 
Fine Quality Oil D'Annunzio Brand," (in small type) "Com Oil" and " Style," 
and " Specialty Lucca Trade Mark Packed by A. J. Barbanera." Instead of 
" Specialty Lucca " part of the product was labeled " Termini Imerese," and 
a part " Bitonto." A portion of the cans were also labeled " Net Contents i 
Gallon," a portion "Net Contents \ Gallon," and a portion "Net Contents 1 
Gallon."
Adulteration of the article was alleged for the reason that it was composed 
in part of a filthy substance, consisting of rat and mouse excreta and dirt, and 
for the further reason that cottonseed oil had been mixed and packed there- 
with so as to reduce or lower and injuriously affect its quality and -strength 
and had been substituted in part for olive oil, which the article purported to be.
Misbranding of the article was alleged for the reason that the statements 
borne on the labels as above set forth were false and misleading and deceived 
and misled the purchaser for the reason that the words in inconspicuous type 
did not sufficiently correct the impression produced by the remainder of the 
label; 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, olive oil. Mis- 
branding of the article was alleged for the further reason that the cans were 
labeled " One Quarter," " One Half," and " One Gallon," whereas the cans 
sh?wed an average shortage of 12.5 per cent; and for the further reason that 
it was food in package form, and the quantity of the contents was not plainly 
and correctly marked on the outside of the package in terms of weight, 
measure, or numerical count.
On January 23, 1919, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and on March 25, 1919, 
it was ordered by the court that the product should be destroyed by the United 
States marshal.
E. D. BALL, 
Acting Secretary of Agriculture.