25648. Adulteration and misbranding of olive oil. V. S. v. 835 Cases and 965 
Cans of Olive Oil. Consent decree of condemnation. Product released 
under bond for repacking and relabeling. (F. & D. nos. 37H05. 37449, 
Sample nos. 55262-B, 55546-B, 55547-B, 55548-B, 55549-B, 55550-B, 57201-B, 
57202-B, 57203-B.)
These cases involved interstate shipments of so-called olive oil that contained 
tea-seed oil, and the containers of a portion of which were short in volume.
On March 11 and 26, 1936, the United States attorney for the Northern Dis- 
trict of Illinois, acting upon a report by the Secretary of Agriculture, filed in 
the district court two libels, one praying seizure and condemnation of 835 cases; 
and the other, 965 cans of olive oil at Chicago, Ill., alleging that the article had 
been shipped in interstate commerce on or about December 18,1935, and January 
18, 1936, by A. J. Capone, Inc., from New York, N. Y., and that it was adul- 
terated and misbranded in violation of the Food and Drugs Act. The article, 
contained in cans in one shipment and in cans and bottles of various sizes in the 
other shipment, was labeled in part: "Tivoli Brand Pure Imported Olive Oil 
*   *   *   Distributed by Garofalo Bros. Co., Chicago, Ill."
The article in both shipments was alleged to be adulterated in that tea-seed 
oil had been mixed and packed with the article so as to reduce or lower its 
quality or strength, and in that tea-seed oil had been substituted in whole or in 
part for olive oil, which the. article purported to be.
The article in the shipment of 965 cans was alleged to be misbranded in that 
the following statements, designs, and devices appearing upon the cans, were 
false and misleading,and tended to deceive and mislead the purchaser when 
applied to a product containing tea-seed oil: (Main panels) "Tivoli * * * 
Pure Imported Olive Oil Tivoli * * * Pure Olio Bolivia Importato [design 
of olive trees and women harvesting green olives]"; (side panel) "Tivoli Brand 
Olive Oil is guaranteed to be one of the finest olive oils. The olive oil con- 
tained in this can is pressed from fresh picked ripe and selected olives. It is 
an absolutely pure product, highly recommended * * * Ohio continuto 
in questa latta e estratto do olive fresche, mature, end accuratamente scelte. 
Esso e garantito Di essere no dei migliori olive Bolivia, e un prodotto assoluta- 
mente puro, et e altamente raccomandato per usi da tavola, e scopic medicinali"; 
(top) "Pure Imported Olive Oil." The article in the shipment of 835 cases 
was alleged to be misbranded in that the following statements, designs, and 
devices, appearing upon the labels, were false and misleading and tended to 
deceive and mislead the purchaser when applied to a product containing tea-
seed oil: (Cans of various sizes) "Pure Imported Olive Oil * * * Pure Olio 
D Oliva Importato [design of olive trees and people picking olives] * * * 
Olive Oil is guaranteed to be one of the finest olive oils. The olive oil con- 
tained In this can Is pressed from fresh picked ripe and selected olives * * * 
L Olio continuto In questa latta e estratto de olive fresche, mature, end aecu- 
ratamente scelte. Esso e garantito Di essere no migliori olii Bolivia, e un 
prodotto assolutamento puro, et e altamente raccomandato per uside tavola, 
e scopi medicinal!"; (bottles of various sizes) "Pure Olive Oil Imported"; (top 
of bottles of smallest size) "Pure Olive Oil"; and design of an olive branch. 
The article in the shipment of 835 cases was alleged to be misbranded further 
in that the statements, "One Gallon", "Half Gallon", and "One Pint", appear- 
ing on the labels of the cans of various sizes, respectively, were false and 
misleading and deceived and tended to deceive and mislead the purchaser when 
applied to a product the cans of which were short in volume. The article in 
both shipments was alleged to be misbranded further in that it was offered for 
sale under the distinctive name of another article, namely, olive oil.
On April 30, 1936, Garafola Bros. Co., claimant, having admitted the allega- 
tions of the libel and having consented to a decree, judgment cf condemna- 
tion was entered and it was ordered that the product be released under bond 
conditioned that it be repacked and relabeled.
W. R. GBEGG, Acting Secretary of Agriculture.