24735. Adulteration and misbranding of olive oil.    TJ. S. v. 2 Cases, et al., of
Alleged Olive Oil.    Default decrees of condemnation and destruction.
(F. & D. nos. 35051 to 35056, incl., 35130 to 35133, Incl.    Sample nos. 26001-B, 
26002-B, 26004-B.)
These cases involved a product consisting of a vegetable oil other than olive 
oil, artificially colored and flavored, which was labeled to create the impression 
that it was pure olive oil.
On February 2 and February 11, 1935, the United States attorney for the 
District of Massachusetts, acting upon reports by the Secretary of Agriculture, 
filed in the district court libels praying seizure and condemnation of 9 cases 
and 41 cans of alleged olive oil at Worcester, Mass., and 37 cans of alleged 
olive oil at Fitchburg, Mass., charging that the article had been shipped in 
interstate commerce in various shipments on or about December 21, 1934. 
January 15, and January 16,1935, by the Italia Importing Co., from Bridgeport, 
Conn., and that it was adulterated and misbranded in violation of the Food 
and Drugs Act.
The article was alleged to be adulterated in that a vegetable oil other than 
olive oil had been substituted wholly or in part for olive oil. Adulteration was 
alleged for the further reason that the article had been colored in a manner 
whereby inferiority was concealed.
Misbranding was alleged for the reason that the following statements appear- 
ing on the label, (main panels) "Pure Olive Oil * * * Italy * * * 
Philip Berio and C. Lucca Tuscany * * * Olio d Oliva Puro * * * 
Italia * * * Filippo Berio * * * Lucca Toscana", (side panels) "Prize 
awarded at the Chicago Exposition 1893 for Pure Olive Oil to Philip Berio 
and C. of Lucca One Proteggere la nostra marca dalle continue contraffazioni 
ciascuna latta dye portare la nostra firma qutentica invece della nostra ditta 
slampato come per 11 passato. Ogni contraffattore della nostra marca sara 
punito a termini hi legge. Olio Puro D Oliva della ditta Filippo Berio & C 
Di Lucca Premiato All' Esposizione ii Chicago 1893 Salov * * * Lucca 
Packed In Italy", and (imprinted in ends of can) "Packed in Italy", were false 
and misleading and tended to deceive and mislead the purchaser, since the 
article was not Italian olive oil. Misbranding was alleged for the further rea- 
sons that the article was an imitation of another article, namely, olive oil;
that it was offered for sale under the distinctive name of another article, 
namely, olive oil; and that it purported to be a foreign product when not so.
On April 8 and April 22, 1935, no claimant having appeared, judgments of 
condemnation were entered and it was ordered that the product be destroyed.
W. R. GBEQO, Acting Secretary of Agriculture:-