27654. Adulteration and misbranding of olive oil.    V. S. v. 49 Cases of Alleged
Olive  Oil.    Default decree of condemnation and destruction.     (F. & D.
No. 37437.    Sample No. 65657-B.)
This product was adulterated with tea-seed oil.
On March 25,1936, the United States attorney for the District of Massachusetts, 
acting upon a report by the Secretary of Agriculture, filed in the district court a 
libel praying seizure and condemnation of 49 cases, each containing 24 jugs İf 
alleged olive oil, at Worcester, Mass.
On July 20, 1936, upon motion by the United States attorney, the libel was 
amended. It was alleged in the libel as amended that the article had been 
shipped in interstate commerce on or about July 17 and October 12, 1935, by the 
De Luca Olive Oil Co., Inc., from Brooklyn, N. Y., and that it was adulterated 
and misbranded in violation of the Food and Drugs Act. The article was labeled 
in part: (Jug) "Pure Imported Olive Oil * * * Distributed by Nation-Wide 
Service Grocers."
It was alleged to be adulterated in that tea-seed oil had been mixed and 
packed therewith so as to reduce or lower its quality and in that tea-seed oil 
had been substituted in whole or in part for olive oil, which it purported to be.
The article was alleged to be misbranded in that the following statement borne 
on the label was false and misleading and tended to deceive and mislead the 
purchaser when applied to a product containing tea-seed oil, "Pure 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, namely, "Olive Oil."
On September 14,1936, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.