26543. Adulteration and misbranding of olive oil.     U. S. v. 77 Gallon Cans, et al., 
et Olive Oil.     Default decrees of condemnation and destruction.     (F. &
D. nos. 37425, 37426, 37552, 37594.    Sample nos. 52914-B, 52915-B, 61733-B, 
61735-B, 68824-B.)
These cases involved olive oil that was adulterated with tea-seed oil and a 
portion of which was short in volume.
On March 30, 1936, the United States attorney for the Middle District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court libels praying seizure and condemnation of 89 gallon cans 
of olive oil at Scranton, Pa. On April 6 and April 16, 1936, libels were filed 
against 11 half-gallon cans and 30 quart cans of olive oil at St. Louis, Mo.; 
and 65 gallon cans, 4 half-gallon cans, and 19 quart cans of olive oil at New 
Orleans, La. It was alleged in the libels that the article had been shipped 
in interstate commerce in various shipments between the dates of September 
28, 1935, and February 24, 1936, by Moscahlades Bros., from New York, N. Y., 
and that it was adulterated and misbranded in violation of the Food and 
Drugs Act. The article was labeled in part: "Elephant Brand Imported Virgin 
Olive Oil Embro Import Co.,   *   *   *   New York, N. Y. Sole Distributors."
The article 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 was alleged to be misbranded in that the following statements 
and designs appearing upon the package were false and misleading and tended 
to deceive and mislead the purchaser when applied to a product containing 
tea-seed oil: The design of an olive branch with olives; and the statements 
"Imported Virgin Olive Oil * * * The Olive Oil contained in this can 
is pressed from fresh picked selected olives. It is guaranteed to be absolutely 
pure under chemical analysis and is highly recommended for table use and 
medicinal purposes. * * * Olio puro d Oliva Vergine * * * L Olio Di 
oliva be questa latta contiene, e prodotto da olive accuramente scelte.   E garan-
140657'—37 2
tito ii essere assolutamente puro sotto qualunque analisi chimica. Bsso e 
altamente raccomandato tanto per uso da tavola come per uso medidnale"; 
"Imported from Italy"; "Imported Olive Oil." The article was alleged to be 
misbranded further in that it was offered for sale under the distinctive name 
of another article.
A portion of the article was alleged to be misbranded further in that the 
statement on the label, "Half Gallon", was false and misleading and tended 
to deceive and mislead the purchaser when applied to a product packed in cans 
containing less than a half gallon; and in that it was food in package form 
and the quantity of contents was not plainly and conspicuously marked on the 
outside of the package, since the quantity stated was not correct.
On July 10 and July 17, 1936, and January 6, 1937, no claimant having 
appeared, judgments of condemnation were entered and it was ordered that 
the product be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.