P. & D. No. 2604.
S. No. 928.	
Issued May 13, 1912.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1305.
(Given pursuant to section 4 of the Food and Drugs Act.)
MISBRANDING OF OLIVE OIL.
On April 24, 1911, the United States Attorney for the District of?
Colorado, acting upon a report by the Secretary of Agriculture,?
filed in the District Court of the United States for said district a?
libel praying condemnation and forfeiture of two cases of canned?
table oil, 5 one-gallon cans and 3 one-gallon cans; in the possession?
of Frank Barbara, Starkville, Colo. The product was labeled: (On?
shipping case) "Olio Insalata Extra Fino"; (on retail containers)?
" Olio Finissimo La Stella D'Italia Brand, Extra Quality Qualita?
Sublime Marca Depositata." In addition, the cans bore the repre??
sentation of a five-point star and in the lower right hand corner ap??
peared in minute type the following label: "(A compound) Winter?
Pressed Cotton Salad Oil. Flavored with pure Italian Olive Oil in?
compliance with the pure food law."
Analysis of a sample of said product by the Bureau of Chemistry?
of the United States Department of Agriculture showed the follow??
ing results: Index of refraction at 25? C., 1.4708; iodin number 110.1;?
Halphen test for cottonseed oil, positive and strong; sesame oil test,?
negative. The libel alleged that the oil, after shipment from the?
State of New York into the State of Colorado, remained in .the?
original unbroken packages and was misbranded in violation of?
the Food and Drugs Act of June 30, 1906, and was there??
fore liable to seizure for confiscation. Misbranding was alleged?
in the libel against said product as follows: That all said cases?
were and are misbranded within the meaning of the aforesaid act,?
in that the words " Olio Insalate Extra Fino " and meaning " Extra?
Fine Salad Oil" thereon were and are misleading and deceptive and?
tending to deceive and mislead Italian and other purchasers into?
believing that said oil was and is a superfine olive oil, whereas, in?
fact, said oil was and is not olive oil but an inferior cottonseed oil.?
That all said cans of oil were and are misbranded and mislabeled?
within the meaning of the aforesaid act in that the statements on the?
principal label, as set forth in paragraph II, printed in the Italian
27203??No. 1305?12
and English languages on a background of red, white, and green, the?
national colors of Italy, and in words as follows, to wit: " Olio?
Finissimo Extra Quality Qualita sublime La Stella D'ltalia Brand?
Marca Depositata." were and are intended to deceive and mislead?
Italian and other purchasers into believing that said oil was and is?
a superfine olive oil, whereas in truth and fact said oil was and is?
not olive oil at all, but, instead, was and is inferior cottonseed oil;?
that said label on said case was and is deceptive and misleading, in?
that the information as to the mixture and compound of the said oil?
in the following words to wit: "(A compound) Winter Pressed Cot??
ton Salad Oil. Flavored with pure Italian Olive Oil in compliance?
with the pure food law." was and is not displayed conspicuously and?
was and is not part of the principal label but instead was and is?
placed at the very bottom portion of said label and was and is printed?
in very minute and insignificant type and much smaller than " 8-?
point (brevier)" capitals, as required by Regulation 17 (c) for the?
enforcement of the Food and Drugs Act, as adopted by the Depart??
ments of Agriculture, Treasury, and Commerce and Labor; that com??
pound clause was and is deceptive and misleading in that it was and?
is written and worded and so arranged as to lead Italian and other?
purchasers into believing that said oil was and is a pure Italian olive?
oil and as such conformed to the pure food law, whereas, in fact, the?
said oil was and is not olive oil but an inferior grade of cottonseed?
oil. That all said cans, of oil were and are misbranded and mis??
labeled in that the name of the place of manufacture or production?
of said mixture or compound sold under the distinctive name " La?
Stella D'ltalia Brand " does not appear on said label, as required by?
Regulation 17 (b) for the enforcement of the Food and Drugs Act?
and adopted by the Departments of Agriculture, Treasury, and Com??
merce and Labor.
On May 25, 1911, the case coming on for hearing and no one hav??
ing appeared as claimant, a decree pro confesso was entered, finding?
the product misbranded as alleged in the libel and condemning and?
forfeiting it to the United States and ordering it to be sold by the?
marshal.
JAMES WILSON,?
Secretary of Agriculture.
WASHINGTON, D. C, January 82, 1912.
1305