21057. Adulteration and Misbranding of salad oil.   IT. S. v. 4 Boxes of Oil,
et   al.    Default   decree   of   destruction.     (F.   &  D.  nos.   30043,   30419, 
30420.    Sample nos. 31976-A, 31992-A, 31993-A, 31994-A.)
These cases involved various lots of oil labeled to convey the impression 
that it was olive oil of foreign origin. Examination showed that the article 
consisted principally of cottonseed oil containing a small amount of olive oil. 
Certain lots also were artificially colored and flavored.
On April 6, and May 8, 1933, the United States attorney for the District of 
Connecticut, acting upon reports by the Secretary of Agriculture, filed in 
the district court libels praying seizure and condemnation of 154 gallons, 
174 half gallons, and 96 quarts of salad oil in part at Waterbury, Conn., and 
in part at Hartford, Conn., alleging that the article had been shipped in 
interstate commerce between December 22, 1932, and April 5, 1933, by V. 
Buoncore, or Vincent Buoncore, from New York, N.Y., and charging adulteration 
in violation of the Food and Drugs Act. A portion of the article was labeled: 
(Sides of can) " Superfine Oil Imperio Brand * * * Virgin Olive Oil" ; (top 
of can)  "Olio Oliva Contenuto In Questa Latta unimportant Dall 'Italia
* * * Olive Oil * * * Imported From Italy." A portion was labeled: 
"Aoliva Brand Fine Oil * * * Warranted pure under chemical analysis." 
The remainder was labeled: " Olio Lucca Type oil Migliore * * * Guaranteed 
pure under chemical analysis."
It was alleged in the libels that the article was adulterated in that cotton- 
seed oil had been mixed and packed with it so as to reduce, lower, and 
injuriously affect its quality. Adulteration was alleged for the further rea- 
son that mixtures consisting largely of cottonseed oil containing a small 
amount of olive oil, portions of which were artificially colored and flavored, 
had been substituted for olive oil, which the article purported to be.
Misbranding was alleged for the reason that the statements, " The Contents 
of Olive Oil in this can is imported from Italy   *    *    *    Superfine Oil Imperio
* * * Virgin Olive Oil", with respect to portions, " Olio Lucca Type oil 
Migliore. * * * Guaranteed pure under chemical analysis", with respect 
to a portion, and "Aoliva Brand Fine Oil * * * Warranted pure under 
chemical analysis [Italian national colors and designs of olive branches] ", 
with respect to a portion, were false and misleading and deceived and misled 
the purchaser, since they were framed and designed to imply that the article 
was pure imported oil. Misbranding was alleged for the further reason that 
the article purported to be a foreign product, when not so, and for the further 
reason that it was offered for sale under the distinctive name of another 
article. Misbranding of the portions of the product which were artificially 
colored and flavored was alleged for the further reason that it was an 
imitation of another article.
On June 29, 1933, no climant having appeared for the property, judgment 
were entered ordering that the product be destroyed by the United States 
marshal.
M. L. WILSON, Acting Secretary of Agriculture.