2'7230. Misbranding of Olivo Hair Tonie and Olivo Hair Oil. U. S. v. 16 Bottles
of Olivo Hair Tonie and 329 Jars of Olivo Hair Oil. Default decree of
e~ndemnation and destruction. (F. & D. nos. 38286, 38287. Sample nos.
16774-C, 16775-C, 16776-C.}
Each of the articles was falsely represented in the labeling to contain olive oil
and to be an Italian product. The labeling of each also contained false and
fraudulent representations regarding its curative or therapeutic effect. The
Olivo Hair Tonic failed to bear on its label a statement of the quantity or proportion
of alcohol contained therein.
On September 14, 19'36, the United States attorney for the Eastern District of
,New York, acting upon a report by the Secretary of Agriculture, filed in the
district court a libel praying seizure and condemnation of 16 bottles. of Olivo
Hair Tonic and 329 jars of Olivo Hair Oil at Brooklyn, N. Y., alleging that the
articles had been shipped in interstate commerce on or about June 23. 1936 by
the Zala Perfumery Co., from Philadelphia, Pa., and that they were misbranded
in violation of the Food and Drugs Act as amended.
Analysis of the Olivo Hair Tonic showed that it consisted essentially of alcohol
( 72 percent by volume), an oil which was largely or wholly castor oil, resorcinol,
and perfume. Analysis of the Olivo Hair Oil showed that it consisted essentially
of petrolatum, with small quantities of a phenol, a fatty oil, perfume, and a green
coloring material.
The Olivo Hair Tonic was alleged to be misbranded: 1. In that the statement,
"Olivo * * * Olivo Hair Tonic contains olive oil", borne on the bottle label,
was false and misleading in that it represented that the article contained olive
oil; whereas it did not contain olive oil. 2. The statement "Genuine Italian",
borne on the bottle label, was false and misleading with respect to its geographical
origin because it was not a genuine Italian product. 3. The packages
failed to bear on the label a statement of the quantity or proportion of alcohol
contained therein. 4. The following statements regarding its curative or therapeutic
effects, borne on the bottle labels, were false and fraudulent: ( Principal
label) "Perfect * * * Dandruff Remedy * * * This preparation applied
to scalp prevents dandruff and eczema. Keeps the hair from falling, strengthens
the growth * * * Tonic"; (rear label) "* * * for the eradication of
dandruff and to aid in the destruction of bacteria infesting the scalp. * * *
for the purpose of * * * Keeping the scalp in a healthy normal condition.
* * * If properly used marvelous results will be obtained for all kinds of
scalp ailments. * * * First massage the scalp with the palm and finger tips
for 80 seconds. This will awaken dormant hair cells and stimulates scalp action.
Then apply Olivo Hair Tonic-rub lightly until it is absorbed by the corium.
Repeat this treatment twice a week until desired results are obtained.".
The Olivo Hair Oil, contained in 16-ounce .and in 2-ounce jars, was alleged to
be misbranded: (1) In that the title "Olivo" and the word "Olivo", appearing
on the labeling, were false and misleading in that they represented that it was
an olive-oil preparation, whereas it was not an olive-oil preparation; and (2) in
that the statement "Genuine Italian", appearing on the labeling, was false and
misleading with respect to the geographical origin of the product in that it was
not a genuine Italian product. Said article in the 16-ounce jars was alleged to
be misbranded in that the following statements regarding its curative or thera100
FOOD AND DRUGS ACT [N.J'., F.D.
peutic effects. appearing on the label, were false and fraudulent: ''This prepara~
tion applied to scalp prevents Dandruff and Eczema. Keeps the hair from falling,
strengthenf'i · the growth * * *." The article in the 2-ounce jars was
alleged to be mi_sbranded in that the statements contained in a circular enclosed
with the jar, "Olivo (The Scalp Food Supreme) Contains Genuine Italian Olive
Oil" and "* • * is a preparation containing Olive Oil", were false and misleading
in that they represented that it contained genuine Italian olive oil and
that it was a preparation containing olive oil; whereas it did not contain genuine
Italian olive oil and was not a preparation containing olive oil. It was alleged
to be misbranded further in that the following statements regarding its curative
or therapeutic effects, borne on the cartons and jar labels and contained in an
accompanying circular, were false and fraudulent: ( Carton) "Prevents Dandruff
and Eczema * * * Improves the growth of the hair"; (jar label) "This
preparation applied to the scalp prevents Dandruff and Eczema. Keeps the hair
from falling, strengthens the growth * * *" ; (circular) "Guaranteed to Eradicate
Dandruff End Itchy Scalp Stop Falling Hair * * * Prevents Dandruff,
Eczema. Retards falling hair, * * * One of the most important marks
* * * is a healthy, well kept head of hair. * * * for the purpose of
* * * keeping the scalp in a healthy normal condition. * * • Olivo will
promote the growth of hair by preventing dandruff and eczema, * * * If
properly used, marvelous results will be obtained for all kinds of scalp ailments.
The medicinal ingredients in this preparation are beneficial for the eradication
of dandruff and aid in the destruction of scalp bacteria. • * * First massage
the scalp with the palm and finger tips for 90 seconds. This will awaken dormant
hair cells and stimulates scalp action. Then apply Olivo-rubbing lightly until
it is absorbed by the corium."
On March 23, 1937, no claimant having appeared, judgment of condemnation
was entered and it was ordered that the products be destroyed.
H. A. WALLACE, Secretary of