22448. Adulteration and misbranding of oil. U. S. v. 26 Cans of Alleged 
Olive Oil. Default decree of condemnation. Product distributed 
to charitable organizations.    (F. & D. no. 32558.    Sample no. 67348-A.)
This case involved a product labeled to convey the impression that it was 
imported olive oil. Examination showed that the article consisted largely of 
domestic cottonseed oil, and that the cans contained less than the labeled 
volume.
On April 18, 1934, the United States attorney for the District of Connecticut, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 26 cans of alleged olive oil at 
Bridgeport, Conn., alleging that the article had been shipped in interstate 
commerce, on about October 2, 1933, by F. Bentwegna from New York, N. Y., and 
charging adulteration and misbranding in violation of the Food and Drugs Act 
as amended. The article was labeled in part: " Italian Produce Sublime Olive 
Oil Imported by Acomo Fo Lucca."
It was alleged in the libel that the article was adulterated in that cottonseed 
oil had been substituted wholly or in part for olive oil, which the article 
purported to be.
Misbranding was alleged for the reason that the statements on the label, 
" Italian Produce Sublime Olive Oil Lucca Imported The Olive Oil contained 
in this can is pressed from fresh picked high grown fruit Net Contents 
One Gallon", were false and misleading and tended to deceive and mislead 
the purchaser since it consisted largely of domestic cottonseed oil and was
short of the declared volume. Misbranding was alleged for the further reason 
that the article was offered for sale under the distinctive name of another 
article; for the further reason that it purported to be a foreign product, when 
not so; 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, since the statement made was incorrect.
On May 28, 1934, no claimant having appeared for the property, judgment 
of condemnation was entered and the court ordered that the United States 
marshal deliver the product to charitable organizations and destroy the 
containers.
M. L. WILSON, Acting Secretary of Agriculture.