10777.?Adulteration and misbranding of olive oil.    TJ. S. v. 25 Gallon Cans,
40 Half-Gallon Cans, and 70 One-Q/uarter-Gallon Cans of an Article?
Purporting to be Olive Oil. Consent decree of condemnation and?
forfeiture. Product ordered released on bond. (F. & D. No. 15377.?
I. S. Nos. 15424-t, 15425-t, 15426-t.    S. No. E-3537.)
On or about August 10, 1921, the United States attorney for the District of?
New Jersey, 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 25 gallon cans, 40 half-gallon cans, and 70 one-quarter-?
gallon cans of an article purporting to be olive oil, remaining unsold at?
Hoboken, N. J., alleging that the article had been shipped on or about May?
?20, June 20, and April 18, 1921, by I. Haber, New York, N. Y., and trans??
ported from the State of New York into the State of New Jersey, 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 a?
substance, peanut oil, mixed in a manner whereby damage or inferiority was?
-concealed, had been substituted wholly or in part for the article, and had been?
mixed and packed with it so as to reduce, lower, or injuriously affect its?
-quality or strength. Adulteration of the article considered as a drug was?
alleged for the reason that it was sold under a name recognized in the United?
States Pharmacopoeia and differed from the Pharmacopoeial standard of?
sti'ength,  quality,  or purity.
Misbranding of the article was alleged for the reason that it was in package?
form and the quantity of the contents was not plainly and conspicuously?
marked on the outside of the package, as the statement made was not correct.?
Misbranding was alleged for the further reason that the package or label of?
said article bore a statement, design, or device regarding the article or the?
ingredients or substances contained therein which was false and misleading?
and deceived and misled the purchaser, as follows, " Olio d'Oliva Puro Impor-?
tato Pure Imported Olive Oil Napoli Brand Net Contents One Gallon Net?
Contents Half Gallon Net Contents One Quart. (Cut of foreign scene?
suggesting Naples.) This imported olive oil is guaranteed to be absolutely?
pure and especially adapted for medicinal and table use " (practically same?
statements in Italian).
434	
BUREAU  OF  CHEMISTRY.	
[Supplement 146,
On May 15, 1922, Isador Haber, New York, N. Y., claimant, having con??
sented to an entry of a decree, judgment of condemnation and forfeiture was?
entered, and it was ordered by the court that the product might be delivered?
and released to said claimant, upon the payment of the costs of the proceed??
ings and the execution of a bond in the sum of $323.50, conditioned in part?
that the product should not be disposed of unless rebranded and properly?
marked  to the satisfaction of this  department.
0. W. PUGSLEY, Acting Secretary of-Agriculture.