7239. Adulteration and Misbranding of olive oil. TJ. S. * * * v. 22 Gallons of Olive Oil (so 
called). Default decree of condemnation, forfeiture, and sale. (F. & D. No. 10004. 
1. S. No. 13576-r.   S. No. E-1286.)
On April 5, 1919, the United States attorney for the District of Connecticut, 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 22 gallons of olive 
oil, remaining unsold in the original unbroken packages at Waterbury, Conn., alleging 
that the article had been shipped on or about February 18,1919, by Victor A. Mollica, 
New York, N. Y., and transported from the State of New York into the State of Con- 
necticut, and charging adulteration and misbranding in violation of the Food and 
Drugs Act, as amended. The article was labeled in part, "Finest Quality Table Oil 
Tipo Termini Imerese Cottonseed Oil slightly Flavored with Olive Oil, Cicilia-Atalia. 
Guaranteed to be Absolutely Pure, (Picture of olive tree and peasants harvesting 
olives)."
Adulteration of the article was alleged in the libel for the reason that corn oil and 
cottonseed oil had been mixed and packed therewith so as to reduce, lower, and 
injuriously affect its quality and strength, and had been substituted wholly or in part 
for olive oil, which the article purported to be.
Misbranding of the article was alleged in substance for the reason that the labels on 
the cans bore statements regarding the article which were false and misleading, that 
is to say, the words, to wit, "Cicilia-Atalia Guaranteed to be Absolutely Pure,'' together 
with the designs and devices showing olive tree and peasants harvesting olives, which 
statements and designs were intended to be of such a character as to induce the pur- 
chaser to believe that the product was olive oil, when, in truth and in fact, it was not, 
and which impression was not sufficiently corrected by the legend, "Cottonseed Oil 
Slightly Flavored with Olive Oil." Misbranding was alleged for the further reason 
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 in terms of weight, measure, or 
numerical count; and for the further reason that it purported to be a foreign product, 
when, in truth and in fact, it was not; 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.
On June 24, 1919, no claimant having appeared for the property, judgment of con- 
demnation and forfeiture was entered, and it was ordered by the court that the product 
should be sold by the United States marshal.
E. D. BALL, Acting Secretary of Agriculture.