13920. Adulteration and misbranding of olive  oil.     TT.  S. v.  12 One-Gallon
Cans, et al., of Olive Oil. Decree of condemnation and forfeiture. 
Product released under bond. (F. & D. No. 20068. I. S. Nos. 24507-v, 
24508-v, 24509-v.    S. No. E-5307.)
On May 18, 1925, the United States attorney for the District of Connecticut, 
acting upon a report by. the Secretary of Agriculture, filed in the District Court 
of the United States for said district a libel praying the seizure and condem- 
nation of 12 gallon cans, 9 quart cans, and 6 half-gallon cans of olive oil, re- 
maining in the original unbroken packages at Bristol, Conn., consigned in inter- 
state commerce from the State of Rhode Island into the State of Connecticut, 
alleging that the article had been shipped by Pace & Sons, of Providence, R. I., 
into the State of Connecticut, in part on or about February 6, 1925, and in part 
on or about April 7, 1925, and charging adulteration and misbranding in viola- 
tion of the food and drugs act as amended.   The article was labeled m part:
(Can) " Pure Italian Olive Oil Cav. Rocco Pace & Figli Ortona a Mare (Italy) 
Contents One Full Gallon" (or "Contents One Quart" or "Contents One Half 
Gallon") "Products Of Italy This Oil Is Our Own Production And Is Guaran- 
teed To Be Pure Under Any Chemical Analysis. * * * For * * * Medi- 
cinal Use."
Adulteration was alleged in the libel with respect to the quart and half 
gallon size cans of the article 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 said 
article.
Misbranding was alleged with respect to the said portion of the product for 
the reason that the cans containing the article bore the following statements: 
"Pure Italian Olive Oil Cav. Rocco Pace & Figli Ortona a Mare (Italy) 
Products of Italy " This Oil Is Our Own Production And Is Guaranteed To Be 
Pure Under Any Chemical Analysis. * * * For * * * Medicinal Use," 
which statements were intended to induce the purchaser to believe that the 
article was a foreign product and pure olive oil, when, in truth and in fact, it 
was not. Misbranding of the said portion was alleged for the further reason 
that the article was an imitation of and 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. 
.   ^   ;* *
Misbranding was alleged with respect to the gallon size cans of the product 
for the reason that it was food in package form and the ? quantity of the con- 
tents was not plainly and conspicuously marked on the outside of the package.
On August 5, 1925, Pace & Sons, Providence, R. I., having appeared as claim- 
ant for the property, judgment of condemnation and forfeiture was entered, and 
it was ordered by the court that the product be released to the said claimant 
upon payment of the costs of the proceedings and the execution of a bond in 
the sum of $200, in conformity with section 10 of the act.
R. W. DUNLAP, Acting Secretary of Agriculture.