13701. Adulteration and misbranding of olive oil. U. S. v. 150 Cans, et al., 
of Olive Oil. Consent deeree of condemnation and forfeiture. 
Product released under bond. (P. & D. Nos. 20013, 20014. I. S. Nos. 
13946-v to 13950-v, incl.     S. Nos. E-5292, B-5'296.)
On April 21, 1925, the United States attorney for the District of Maine, act- 
ing upon reports by the Secretary of Agriculture, filed in the District Court 
of the United States for said district libels praying the seizure and condem- 
nation of 1G6 gallon cans, 54 half-gallon cans, and 150 quart cans, of olive 
oil. at Portland, Me., alleging that the article had been shipped by Pace & 
Sons, from Boston, Mass., in various consignments, namely, on or about Feb- 
ruary 4 and 20 and March 2 and 28, 1925, respectively, and transported from 
the State of Massachusetts into the State of Maine, and charging adultera- 
tion and misbranding in violation of the food and drugs act as amended. The 
article was labeled in part: (Can) "Pure Italian Olive Oil. * * * Con- 
tents One Quart" (or "Contents One Half Gallon" or "Contents One Full 
Gallon").
Adulteration of the article was alleged in the libels for the reason that a 
substance, cottonseed oil, had been mixed and packed therewith so as to re- 
duce, lower, and injuriously affect its quality and strength and had been sub- 
stituted in part for the said article.
Misbranding was alleged in substance for the reason that the following state- 
ments borne on the labels: " Pure Italian Olive Oil Cav. Rocco Pace & Figli 
Ortona A Mare (Italy) Products of Italy," (English and Italian) "This 
Oil Is Our Own Production And Is Guaranteed To Be Pure Under Any 
Chemical Analysis. * * * For * * * Medicinal Use," together with 
a cut of a castle, and olive sprays bearing olives, borne on the labels, were 
false and misleading and deceived and misled the purchaser. Misbranding 
was alleged for the further reason that the article was falsely branded as to 
the country in which it was manufactured or produced, since it purported to 
be a product of Italy, whereas it was not, and for the further reason that it 
was offered for sale under the distinctive name of another article. Misbrand- 
ing was alleged with respect to the alleged gallon cans of the product for the 
further reason that the statement " Contents One Full Gallon," borne on the 
label, was false and misleading and deceived and misled the purchaser, and 
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.
On August 5, 1925, Pace & Sons, Providence, R. I., claimants, having admitted 
the allegations of the libels and consented to the entry of decrees, judgments
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of condemnation and forfeiture were entered, and it was ordered by the court 
that the product be released to the said claimants upon payment of the costs 
of the proceedings and the execution of bonds in the aggregate sum of $400, 
in conformity with section 10 of the act, conditioned in part that it be re- 
labeled under the supervision of this department.
C. F. MARVIN, Acting Secretary of Agriculture.