28518. Adulteration and misbranding of olive oil.     U. S. v. 9 Cases of Oil.     De¬
fault decree of condemnation and destruction. (F. & D. No. 40989. Sam- 
ple No. 65439-C.)
This product consisted of cottonseed oil with possibly some corn oil, but it 
was labeled to convey the impression that it was olive oil; and this impression 
was not corrected by the inconspicuous declaration "Corn Oil."
On December 1, 1937, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of nine cases of oil at 
Philadelphia, Pa., alleging that the article had been shipped in interstate com- 
merce on or about November 15, 1937, by P. Santo from New York, N. Y., and 
charging adulteration and misbranding in violation of the Food and Drugs Act. 
The article was labeled in part: "La Gustosa Brand."
It was alleged to be adulterated in that a mixture of cottonseed oil and corn 
oil had been substituted wholly or in part for olive oil, which the labeling 
indicated it to be.
It was alleged to be misbranded in that the statements on the label, "Prodotto 
Garantito Olio Finissimo * * * Prodotto Garantito Extra Fine Oil," were 
misleading and tended to deceive and mislead the purchaser when applied to 
a mixture of cottonseed and corn oil, since to purchasers of Italian lineage the 
term "Olio" means olive oil, and this misleading impression was not corrected 
by the indistinct rubber stamp "Corn Oil" which appeared on one panel of 
the can.
On January 20, 1938, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.