26037. Adulteration and misbranding of olive oil.     U. S. v. 6 Cans of Olive Oil,
and two other actions. Default decree of condemnation and destruc- 
tion. (F. & D. nos. 37446, 37451, 37493. Sample nos. 61238-B, 61239-B, 
70414-B.)
These cases involved interstate shipments of so-called olive oil that contained 
tea-seed oil.
On March 25, 1936, the United States attar y for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
district court two libels, one praying seizure and condemnation of six cans of 
so-called olive oil at Philadelphia, Pa.; and on March 27, 1936, the United States 
attorney for the District of New Jersey, acting upon reports by the Secretary 
of Agriculture, filed in the district court two libels praying seizure and con- 
demnation, one of 80 cans, and the other, 28 cans of so-called olive oil, at
Hoboken and Paterson, N. J., respectively. The libels alleged that the articles 
had been shipped in interstate commerce on or about November 14 and 80, 
1935, and February 26, 1936, by Vincent Buonocore, Inc., from New York, N. Y., 
and that they were adulterated and misbranded in violation of the Food and 
Drugs Act.
The article seized at Philadelphia and at Paterson was labeled In part: "One 
Gallon Roma Brand Pure Olive Oil II Campidoglio (Roma) * * * VB Inc. 
Imported Product." The article seized at Hoboken was labeled in part: 
"Messina Brand Virgin Olive Oil Italian Product Packed for Messina Imp. Co. 
Hoboken, N. J."
The articles in all three of the cases were alleged to be adulterated in that 
tea-seed oil had been mixed and packed with the article so as to reduce and 
lower its quality or strength, and in that tea-seed oil had been substituted in 
whole or in part for olive oil, which the articles purported to be.
The article seized at Philadelphia was alleged to be misbranded in that the 
following statements and designs appearing on the label were false and mis- 
leading and tended to deceive and mislead the purchaser when applied to a 
product containing tea-seed oil: Representation of the capitol at Rome; "Roma
* * * Pure Olive Oil II Campidoglio (Roma) * * * Imported Product 
Questo Olio d Oliva e garantito assolutamente puro sotto analisi chimica * * * 
Roma This Olive Oil is guaranteed to be absolutely pure under chemical 
analysis Roma * * *." The article seized at Hoboken was alleged to be mis- 
branded in that the following statements and designs appearing upon the label 
were false and misleading and tended to deceive and mislead the purchaser 
when applied to a product containing tea-seed oil: Design of olive branches with 
olives; "Virgin Olive Oil Italian Product This olive oil is guaranteed to be 
absolutely pure recommended for cooking, table, and medicinal use Olio d Oliva 
Vergine Prodotto Italiano Quest' olio Bolivia e garantito assolutamente puro 
e raccomandato per uso da tavola, cucina e per uso medicinale"; (top of can) 
"Imported Olive Oil." The article at Paterson was alleged to be misbranded 
in that the statements and designs appearing upon the label were false and 
misleading and tended to deceive and mislead the purchaser when applied to 
a product containing tea-seed oil: (Main panels) "Roma * * * Pure Olive 
Oil II Campidoglio (Roma) Marca Registrata * * * Imported Product", 
"Roma   *   *    *   Duro Olio D Oliva Campidoglio   (Roma)   Marca Registrata
* *    *    Prodotto Importato", representation of capitol at Rome; (side panels) 
"Questo  Olio  D Oliva e garantito assolutamente puro  sotto analisi  Chimica 
Marca Roma—This Olive Oil is guaranteed to be absolutely pure under chemical 
analysis   Roma   *   *   *."
The articles in all three of the cases were alleged to be misbranded in that 
they were offered for sale under the distinctive names of another article, namely, 
olive oil.
On March 25 and May 22, 1936, no claimants having appeared, judgment of 
condemnation was entered and it was ordered that the products be destroyed.
W. R. GBEGG, Acting Secretary of Agriculture.