24149. Misbranding of   olive   oil.    U.   S.   v.  4   Cases   of   Olive   Oil.    Default
decree of condemnation, forfeiture, and destruction.     (F. & D. no.
34474.    Sample no. 17585-B.)
Thi9 case involved an interstate shipment of alleged olive oil which was 
found to consist of domestic cottonseed oil with little or no olive oil present,
On December 7, 1934, the United States attorney for the Southern District 
of New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of four cases of alleged 
olive oil at New York, N. Y., alleging that the article had been shipped in 
interstate commerce on or about August 7, 1934, by Kirsch Bros. Co., from 
North Bergen, N. J., and charging misbranding in violation of the Food and 
Drugs Act. The article was labeled in part: " Pure Olive Oil ' El Toro 
*   *   *   Packed in Spain by Hijos de Ybarra."
The article was alleged to be misbranded in that the statements on the label, 
" Pure Olive Oil ' El Toro" and " Packed in Spain by Hijos de Ybarra ", were 
false and misleading and tended to deceive and mislead the purchaser, when 
applied to a product consisting essentially of domestic cottonseed oil with little 
or no olive oil; in that it purported to be a foreign product, whereas it was 
essentially domestic cottonseed oil; and in that it was sold under the distinctive 
name of another article, namely, olive oil.
On December 31, 1934, no claimant having appeared, judgment of condemna- 
tion was entered and it was ordered that the product be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.