15251. Adulteration and Misbranding of olive oil. TJ. S. v. 16 Gallons,, 
et al., of Olive Oil. Default decrees of condemnation, forfeiture, 
and destruction. (F. & D. Nos. 20086, 20121. I. S. Nos. 24524-V, 24968-v. 
S   Nos. E-5314, E-5337.)
On May 27 and June 12, 1925, respectively, the United States attorney for the 
District of Gomiecticut, acting upon reports by the Secretary of Agriculture, 
filed in the District Court of the United States for said district libels praying 
seizure and condemnation of 16' gallons and 1 case containing 24 half-gallon -tins 
of olive oil, remaining in the original unbroken packages, in part at New Haven, 
Conn., and in part at Hartford, Conn., alleging that the article had been shipped 
by Pace & Sons, Providence, R. I., in various consignments, on or about October 
1, 1924, February 28, and May 9, 1925, respectively, and transported from 
the State of Rhode Island into the State of Connecticut, and charging adultera- 
tion and misbranding with respect to a portion of the product and misbranding 
with respect to the remainder thereof, in violation of the tood and drugs act as 
amended. The article was labeled in part: "Pure Italian Olive Oil Cav. Rocco 
Pace & Figli Ortona a Mare (Italy) Contents One Full Gallon (or "Contents 
One Half Gallon")." A portion of the article was further labeled: "This oil is 
our own production and is guaranteed to be pure under any chemical analysis. 
It is used for    *    *    *    medicinal use."
Adulteration of the half-gallon cans of the article was alleged in the libel for 
the reason that cottonseed and sesame oils 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 of the said half-gallon cans of the article was alleged for the 
reason that the labeling bore certain statements as follows: " Pure Italian 
Olive Oil Cav. Rocco Pace & Figli Ortona a Mare (Italy) Contents One Half 
Gallon Packed in Italy * * * This oil is our own production and is guar- 
anteed to be pure under any chemical analysis * * * for * * * medici- 
nal use," which statements led the purchaser to believe that the product was as 
represented, when in truth and in fact it was not. Misbranding was alleged 
for the further reason that the article was an imitation of and offered for 
sale under the distinctive name of another article, 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, and for the further 
reason that it purported to be a foreign product when in fact it was a product 
of domestic manufacture packed in the United States.
Misbranding of the gallon cans of the article was alleged for the reason that 
the' label bore the statement " Contents One Full Gallon," which statement led 
the purchaser to believe that the article was as represented, when in truth and 
in fact it was not, 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.
Ou February 20, 1926, no claimant having appeared for the property, judg- 
ments of condemnation and forfeiture were entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
W. M. JARMNE, Secretary of Agriculture.