28929. Misbranding of olive oil.    U. S. v. 11 Cans of Alleged Olive Oil.   Default
decree ordering product delivered to charitable institutions.    (F. & D.
No. 41070.    Sample No. 57521-C.)
This product was represented to be olive oil, whereas it was artificially colored 
and flavored cottonseed oil.
On December 10, 1937, the United States attorney for the District of Con- 
necticut, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 11 cans of olive oil at Bridge- 
port, Conn., alleging that the article had been shipped in interstate commerce 
on or about November 12,1937, from Brooklyn, N. Y., by C. Dispigno, and charg- 
ing misbranding in violation of the Food and Drugs Act.
The article was alleged to be misbranded in that the following statements 
and design were false and misleading and tended to deceive and mislead the 
purchaser since they represented that the article was olive oil and that it was 
a foreign product, whereas it was not olive oil and it was not a foreign product, 
but was an artificially colored and flavored domestic cottonseed oil: "Olio Di 
Oliva Vergine [design of olive branch bearing olives! Lucca * * * Prodotto 
Italiano * * * Questo Olio E Garantito Di Puro Oliva This Olive Oil is 
Guaranteed Pure"; "Imported from Italy." The article was alleged to be mis- 
branded further in that it was an imitation of and was offered for sale under 
the distinctive name of another article, olive oil.
On May 11, 1938, no claimant having appeared, the product was ordered 
delivered to charitable institutions.
M. L. WILSON, Acting Secretary of Agriculture.