25176. Adulteration  and misbranding of olive oil.     U. S. v. 5  Cans, et al., of
Alleged  Olive  Oil.     Default  decree  of condemnation and destruction.
(F. & D. no. 35837.    Sample nos. 36679-B, 36680-B.)
This case involved a product consisting of domestic cottonseed oil which was 
labeled to convey the impression that it was imported Italian olive oil.
On August 2, 1935, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of sixteen 1-gallon cans 
of alleged olive oil at North Adams, Mass., alleging that the article had been 
shipped in interstate commerce on or about July 9, 1935, by F. Sacco, from 
New York, N. Y., and charging adulteration and misbranding in violation of 
the Food and Drugs Act. A portion of the article was labeled in part: "Italia 
Brand Pure Imported Olive Oil." The remainder was labeled in part: "Sublime 
Olive Oil Acomo Fo Brand."
The article was alleged to be adulterated in that cottonseed oil had been 
substituted for olive oil, which the article purported to be.
Misbranding was alleged for the reason that the following statements, designs, 
and devices, borne on the labels, were false and misleading and tended to deceive 
and mislead the purchaser: (Italia brand, cans) "Italia * * * Pure Im- 
ported Olive Oil Liguria Finest Virgin Guaranteed Absolutely Pure L Olio 
Oliva Marca Italia Importato E D assoluta purezza e garantito da qualsiasi 
analisi chimica tutti dovrebbero usarlo Virbus Unitis Italia. Italia * * * 
Importato Olio Delia Liguria . Olio D Oliva Di Garantita Purezza Medicinale 
da Tavola da Cucina Medaglia ignore All' Esposizione Internazionale Di 
S. Francisco U California 1915 The Olive Oil contained in this can is guar- 
anteed  to  be  absolutely  pure  under  chemical  analysis    [Designs  of  olive
branches bearing olives embossed on top of can] Imported From Italy"; 
(Acomo Fo brand, cans) "Imported Products Sublime Olive Oil The Olive 
Oil Contained in this can is pressed from fresh picked high grown fruit, * * * 
and guaranteed to be absolutely pure under any chemical analysis. L'Olio 
ti'oliva contenuto in questa latta e ottenuto dal miglior fruito appena colto 
confezionato dal produttore nolle migilori condizioni igieniche e garantito puro 
a qualsiasi analisi chimica. II produttore raccomanda al consumatore ii dis- 
truggere quests latta appena vuota affine hi evitare be, poco scrupolosi riven- 
ditori la riempiano con olii Adulteration ofcon olii ii qualita inferiore. II pro- 
ducttore avverte i rivenditori, the procedera control i termini hi legge [im- 
printed on top of can] Imported From Italy [designs of olive branches.]" Mis- 
branding was alleged for the further reason that the article purported to be 
imported Italian olive oil, whereas it was domestic cottonseed oil; and for the 
further reason that it was offered for sale under the distinctive name of another 
article, namely, olive oil.
On September 30, 1935, no claimant having appeared, judgment of condemna- 
tion was entered and it was ordered that the product be destroyed.
W. R. GREGG, Acting Secretary of Agriculture.