74S3. Adulteration and misbranding1 of olive oil (so ealled). IT. S. * * *?
v. 11 1-Gallon Cans and 81 l-Gallon Cans of Olive Oil (So Called).?
Consent decree of condemns!hon and forfeiture. Prodsiet ordered?
released on l>ond. (F. & I). i\o. 10821. I. S. Nos. 14210-r, 14211-r. S. No.?
E-1608.)
On July 3, 1919, the United States attorney for the District oZ 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 11 1-gallon cans and 30 J-gallon cans of olive oil (so called), remaining unsold?
in the original unbroken packages at Waterbury, Conn., alleging that the article?
had been shipped on or about May 27, 1919, by the Southern Importing Co., 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: (Gallon cans)?
" Finest Quality Table Oil Tipo Termini Imerese cottonseed oil slightly flavored?
with Olive Oil Oicilia Italia One Gallon Net * * * (picture of natives gath??
ering and packing olives) ; " (J-gallon cans) "Finest Quality Table Oil cotton??
seed salad oil flavored slightly with Olive Oil (picture of natives gathering and?
packing olives)    One-fourth Gallon Net."
Adulteration of the article was alleged in the libel for the reason that there?
had been mixed and packed with the product contained in the gallon cans?
another oil, to wit, cottonseed oil, and in that there had been mixed and packed?
with the product contained in the i-gallon cans other oils, to wit, cottonseed?
oil and soya bean oil, so as to reduce, lower, and injuriously affect its quality?
and strength, and that said oils had been substituted wholly or in part for olive?
oil, which the article purported to be.
Misbranding of the article was alleged for the reason that the labels on the?
cans bore certain statements, words, and devices, regarding the article, which?
were false and misleading, and which statements, words, and devices were in??
tended to be of such a character as to induce the purchaser to believe that the?
product was olive oil, when, in truth and in fact, it was not, said false and mis??
leading impression not being corrected by the words which appeared in incon??
spicuous type, to wit, " cottonseed salad oil flavored slightly with Olive Oil," for?
the further reason that it purported to be a foreign product, when, in truth and?
in fact, it was a product of domestic manufacture packed in the United States,?
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. Misbranding?
Wco alleged for the further reason that the labels borne on the cans, to wit,?
" One Gallon Net" and " One-Fourth Gallon Net," represented that said cans?
contained 1 gallon and I gallon, respectively, whereas there was an average?
shortage in each purported gallon of 9.81 per cent and in each purported J gal??
lon of 6 per cent. Misbranding of the article was alleged for the further rea??
son 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.
On November 5, 1919, Giuseppe Battaglia, New York, N. Y., claimant, having?
consented to a decree, judgment of condemnation and forfeiture was entered,?
and it was ordered by the court that the product be released to said claimant?
upon the payment of the costs of the proceedings and the execution of a bond?
in the sum of $1,000", in conformity with section 10 of the act.
E. D. BALL, Acting Secretary of Agriculture.
N. J- 7451-7500.]     SERVICE AND REGULATORY ANNOUNCEMENTS.	341