11152.?Adulteration and misbranding of oil.    IT. S. v. 39 Cans, et al., of Oil.
Default decrees of condemnation and forfeiture. Product deliv??
ered to charitable institutions. (F. & D. Nos. 15272, 15273. I. S. Nos.?
6937-t, 6938-t, 6939-t, 6940-t, 7010-t, 7011-V 7012-t. S. Nos. E-3487,?
E-3490.)
On July 28 and 29, 1921, respectively, the United States attorney for the?
Eastern District of New York, acting upon a report by the Secretary of?
Agriculture, filed in the District Court of the United States for said district?
libels for the seizure and condemnation of 39 pint cans, 120 quart cans, 96?
half-gallon cans, and 126 gallon cans of La Provence Brand oil, and 3 cartons
37403?23?1?
86	
BUREAU  OF  CHEMISTRY.	
[Supplement 154,
containing 18 gallon cans, 2 cartons containing 24 half-gallon cans, and 12?
quart" cans of Olivolo Brand oil, remaining unsold in the original unbroken?
packages, in part within the Borough of Richmond, and in part within the?
Borough of Brooklyn, State of New York, alleging that the article had been?
shipped by the Littauer Oil Co., Guttenberg, N. J., on or about June 17 and?
24, 1921, respectively, and, transported from the State of New Jersey into the?
State of New York, and charging adulteration and misbranding in violation?
of the Food and Drugs Act, as amended. A portion of the article was labeled?
in   part:   "La   Provence   Brand   Oil    *    *    *    Pressed   From   Cotton   Seeds
*?* * One Pint" (or "One Quart," "One Half Gallon," or "One Gallon")?
"* * * Littauer Oil Co., Guttenberg, N. J." The remainder of the article?
was labeled in part: "Olivolo Brand Olio Per Insalata Come L'Olio D'Oliva
*?* * A Pure Salad Oil Blended with Olive Oil * * * II Olivolo 'Olio'?
Viene Estratto Da Vegetali Di Prima Qualita Con Metodi Perfezzionati:?
E'Iginici E'Perfettamente * * * E'Salutifero Per Eccellenza * * *?
La Ma'rca * * * Olivolo * * * II Olivolo 'Olio1 * * * One Gallon"?
(or "One Half Gallon" or "One Quart") "Packed By Littauer Oil Co., Gutten??
berg, N. J." (design of a draped flag).
Adulteration of the Olivolo Brand oil was alleged in the libel for the?
reason that cottonseed oil had been mixed and packed therewith so as to?
reduce and lower and injuriously affect its quality and strength and had?
been substituted wholly or in part for the article, and for the further reason?
that it was mixed in a manner whereby its inferiority was concealed
Misbranding was alleged with respect to both brands (with the exception of?
the half-gallon cans of Olivolo Brand oil) for the reason that it was food?
in package form, and the quantity of the contents was not plainly and con??
spicuously marked on the outside thereof, since the quantity stated was not?
correct. Misbranding was further alleged with respect to the Olivolo Brand?
for the reason that the packages or labels bore statements, designs, and?
devices, regarding the article and the ingredients and substances contained?
therein, which were false and misleading and deceived and misled the pur??
chaser, for the further reason that the said article was an imitation of and was?
offered for sale under the distinctive name of another article, and for the?
further reason that it purported to be a foreign product when not so.
On October 13, 1921, no claimant having appeared for the property, judgments?
of condemnation and forfeiture were entered, and subsequently the product?
was ordered delivered to charitable institutions.
C. W. PTTGSLEY, Acting Secretary of Agriculture.