10528.  Adulteration   and  Misbranding of   olive   oil.     U.   S.     *      * *     v.   75
Cans    of     *      *      *     Caruso   Pux-o   Olio   D'Oli^a     *      *      * Default
decree   of   condemnation,   forfeiture,   and   destruction. (F.   &   D.
No.  15920.    I.  S.  No. 8107-t.     S. No.  E-3732.)
On January 30, 1922, the United States attorney for the District of Delaware, 
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 75 cans of a product labeled " Caruso Puro Olio D'Oliva," remaining unsold 
in the original unbroken packages at Wilmington, Del., alleging that the article 
had been shipped by the Southern [Olive] Oil Co., New York, N. Y., on or about 
November 3, 1921, and transported from the State of New York into the State 
of Delaware, and charging adulteration and misbranding in violation of the 
Food and Drugs Act, as amended.
Adulteration of the article was alleged in the libel for the reason that sub- 
stances, oils other than olive oil, had been mixed and packed with and .substi- 
tuted wholly or in part fof the said article and for the further reason that it 
was mixed in a manner whereby damage or inferiority was concealed.
Misbranding was alleged in substance for the reason that the statements on 
the cans containing the article,'" Net Contents One Quarter Gallon Caruso Puro 
Olio  D'Oliva    *    *    *    This   can  contains the  best olive  oil  ever produced
* * *," together with a design or device of olive branches showing olives and 
the use of the Italian language, were false and misleading and deceived and 
misled the purchaser. Misbranding was alleged for the further reason that the 
article was food in
' package form, and the quantity of the contents was not 
plainly and conspicuously marked on the outside of the packages, since the 
quantity stated was not correct, and for the further reason that the article pur- 
ported to be a foreign product when not so.
On May 8, 1922, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court that 
the product be destroyed by the United States marshal.
C. W. PUGSLEY, Acting Secretary of Agriculture.