25968. Misbranding and alleged Adulteration of Kolollva.    V.  S. v. 2 Cans of
Kleckner's Kolollva.    Default decree of condemnation and destruction. .
(F. & D. no. 36650.    Sample no. 43574-B.)
This product was labeled to convey the impression that it contained olive oil 
or a color derived from olive oil. Examination showed that it contained ex- 
cessive lead and copper and an unpermitted color, but no olive oil or color 
derived from olive oil.
On November 21, 1935, the United States attorney for the District of Rhode 
Island, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of two cans of Kleckner's 
Kololiva at Providence, R. I., alleging that the article had been shipped in 
interstate commerce on or about October 18, 1935, by David Kleckner & Son, 
Inc., from Brooklyn, N. Y., and charging adulteration and misbranding in viola- 
tion of the Food and Drugs Act. The article was labeled in part: "Kleckner's 2 
kilo Kololiva Concentrated (paste) David Kleckner & Son, Inc. Importers and 
Manufacturers   *   *   *   Brooklyn, N. Y."
The article was alleged to be adulterated in that it contained added poison- 
ous or deleterious ingredients, lead, copper, and unpermitted dye, which might 
have rendered it harmful to health.
The article was alleged to be misbranded in that the name of the product, 
"Kololiva", was misleading and tended to deceive and mislead the purchaser, 
since it suggested that the product contained olive oil or a color derived from 
olive oil.
On September 14, 1936, no claimant having appeared, judgment was entered 
finding the product misbranded and ordering that it be condemned and 
destroyed.
M. L. WILSON, -Acting Secretary of Agriculture.