18975. Adulteration and Misbranding of imitation almond oil. IT. S. v. Forty-one 1-Gallon Cans of Almond Oil. Default decree of con- demnation, forfeiture, and destruction. (F. & D. No. 26862. I. S. No. 5795. S. No. 5004.) Samples of the product herein described having been found to consist in whole or in part of peanut oil, flavored to resemble almond oil, the Secretary of Agri- culture reported the matter to the United States attorney for the District of Puerto Rico. On August 12, 1931, the United States attorney filed in the District Court of the United States for the district aforesaid a libel praying seizure and con- demnation of forty-one 1-gallon cans of almond oil at San Juan, P. R., alleging that the article had been shipped on or about July 11, 1931, by Iglesias (Ygle- sias) & Co. (Inc.), New York, N. Y., to San Juan, P. R., that it was being offered for sale and sold in Puerto Rico by the Drug Co. of Puerto Rico (Inc.), San Juan, P. R., and that it was adulterated and misbranded in violation of the food and drugs act. The article was labeled in part: " Imitation * * * U. S. Standard * * * Pure Imitation Almond Oil Aceite De Almendras Comercial * * * Wm. McDonagh & Sons * * * New York, U. S. A. Maxon Brand." The English word " Imitation " was rubber stamped on the label, but the main descriptive portion of the label, namely, " Aceite De Almendras Comercial [Commercial Oil of Almonds]," appeared in Spanish. Analysis of a sample of the article by this department showed that it con- sisted essentially of a fatty oil such as corn oil or a mixture of oils other than almond oil. It was alleged in the libel that the article was adulterated in that its strength and purity fell below the professed standard or quality under which it was sold,, namely, "Aceite De Almendras," since it was not almond oil. Misbranding was alleged for the reason that the statement, "Aceite De Almendras," borne on the label, was false and misleading; and for the further reason that the article was an imitation of another article, viz, almond oil. On September 9, 1931, no claimant having appeared for the property, judg- ment of condemnation and forfeiture was entered, and it was ordered by thes court that the product be destroyed by the United States marshal. ABTHUB M. HTDE, Secretory of Agriculture