29086. Misbranding of olive oil. U. S. v. 83 Cans and 11 Cans of Alleged 
Olive Oil (and one similar seizure action). Default decrees entered. 
Product ordered delivered to charitable Institutions. (F. & D. Nos. 
41116, 41117.    Sample Nos. 57522-C to 57525-C, incl.)
This product was labeled to represent that it was pure imported olive oil, 
whereas it was artificially colored and flavored cottonseed oil.
On December 16, 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 104 cans of alleged 
olive oil at New Haven, Conn.; alleging that the article had been shipped 
in interstate commerce from Brooklyn, N. Y., in part on or about November 17, 
1937, by "Dellino" and in part on or about November 22, 1937, by Anthony 
Dellino; and charging misbranding in violation of the Food and Drugs Act. 
The article was labeled in part, variously: "Nettuno Brand," "Roberta Brand," 
"Pulcella Brand," and "Lucca Brand."
It was alleged to be misbranded in that the following statements and designs 
were false and misleading and tended to mislead and deceive the purchaser, 
since they represented that it was olive oil and was a foreign product; whereas 
it was not olive oil and was not a foreign product, but was domestic cotton- 
seed oil: (First lot) "Nettune * * * Olio Puro D Oliva Finissimo Prodotto 
Garantito [design of olive branch bearing olives] * * * This olive oil is 
absolutely pure, * * * We guarantee its purity under chemical analysis. 
Quest' Olio Di Oliva E Assolutamente Pure E Insuperabile Per so Di Cucina 
E Medicinale. Nei Garentiamo La Sua Purezza Sotto Qualsiasi Analysis Chimica"; 
(second lot) "Pure Olive Oil Imported From Lucca Toscano Italy [design of 
olive branches bearing olives] * * * This Olive Oil is guaranteed to be 
absolutely pure under chemical analysis. [Design of Italian flag] Quest olio 
Bolivia e garantito assolutemente puro sotto analisi chimica. [Design of Ger- 
man flag] Dieses Oliven On list garantiert absolut rein unter chemischer analyse. 
[Design of French flag] Cette. huile deprives est garantie absolument pure sous 
analyse chimique. * * * Este Aceite do Olivo esta garantizado absoluta- 
mente puro bajo analisiz quimica"; (third lot) "Pulcella * * " * Guaranteed 
Pure Olive Oil Extra Fine Imported Lucca Italy [designs of olive branches 
bearing olives and of woman in native costume, presumably Italian] * * * 
Garantito Puro Olio D Oliva Extra Fine Importato Lucca Italia * * * We 
guarantee our olive oil to be absolutely pure under any chemical analysis 
* * * Garantiamo II Nostro Olio Estratto Da Olive Scette Assolutamente 
Puro Sotto Qualsiasi Analysis Chimica Insuperabile Come Olio Da Tavola Ed 
Eccellente Per so Medicinale * * * Prodotti Italian"; (fourth lot) "Olio 
Di Oliva Vergine [design of olive branch bearing olives] Lucca * * * Tor- 
onto Italiano * * * This Olive Oil Is Guaranteed Pure * * * Questo 
Olio E Garantito ii Puro Oliva"; (all lots) "Imported from Italy."
The article was alleged to be misbranded further in that it was an imitation 
of and was offered for sale under the distinctive name of another article, 
namely, olive oil.
On May 9, 1938, no claimant having appeared, judgments were entered order- 
ing that the product be delivered to charitable institutions and that the con- 
tainers be destroyed.
HARRY L. BBOWIT, Acting Secretary of Agriculture,