274. Adulteration and misbranding of ripe olives.    U. S. v. 11 Barrels and 37
Barrels of Ripe Olives. Consent decree of condemnation. Product 
ordered released under bond. (F. D. C. Nos. 863, 364. Sample Nos. 59493-D. 
59494-D.)
These olives were found to be coated with mineral oil.
On August 8, 1939, the United States attorney for the Southern District of 
New York filed a libel against 48 barrels of ripe olives at New York, N. Y., 
alleging that the article had been shipped in interstate commerce on or about 
April 6, 1939, by Phoenix Bros, from Fair Oaks, Calif.; and charging that it 
was adulterated and misbranded. It was labeled in part: "Olivedale Oil Cured 
Ripe Olives."
Adulteration was alleged in that a substance, mineral oil, had been substi- 
tuted in part for the article.
It was alleged to be misbranded in that the statement on the label, "Oil 
Cured Ripe Olives," was false and misleading when applied to a food product on 
which mineral oil, a nonnutritive substance, had been used.
On November 8, 1939, claimant Edward C. Phoenix, trading as Phoenix Bros., 
having admitted the allegations of the libel, judgment of condemnation was 
entered and the product was ordered released under bond to be reconditioned 
so as to result in the complete elimination of the mineral oil. It was ordered 
further that if the olives were reoiled with olive oil, the presence of added olive 
oil should be declared on the label.