30374. Adulteration and misbranding of olive oil. 17. S. v. 40 Cans, et al., of 
Olive Oil. Default decrees of condemnation. Product ordered delivered 
to charitable institutions. (F. & D. Nos. 44656, 44696. Sample Nos. 
48901-D to 48905-D, inclusive.)
This product was represented to be imported olive oil of Italian origin; 
whereas it consisted principally of corn oil which was artifically flavored, and 
a part of which was artificially colored and contained little or no olive oil. 
It was also short of the declared volume.
On January 9 and 20, 1939, the United States attorney for the District of 
Rhode Island, acting upon reports by the Secretary of Agriculture, filed in the 
district court libels praying seizure and condemnation of 157 cans of olive 
oil at Providence, R. I.; alleging that the article had been shipped in interstate 
commerce within the period from on or about November 15 to on or about 
December 16, 1938, by J. Valentino from New York, N. Y.; and charging adul- 
teration and misbranding in violation of the Food and Drugs Act as amended. 
The article was variously labeled in part: "Riviera Brand"; "Lucca"; "Italia 
Brand"; "Olio Di Oliva Vergine"; "A. Sasso Brand."
It was alleged to be adulterated in that corn oil, artificially flavored and a 
part of which was artificially colored, had been mixed and packed with it so 
as to reduce or lower its quality or strength, and had been substituted in 
whole or in part for the article. It was alleged to be adulterated further in 
that it had been mixed and colored in a manner whereby inferiority was 
concealed.
The article was alleged to be misbranded in that the following statements and 
designs borne on the labels were false and misleading and tended to deceive 
and mislead the purchaser when applied to an article containing little or no 
olive oil, which was not a foreign product, and which was short volume: 
(Riviera brand) Design of olive branches and olives and the statements, "Net 
Contents One Gallon * * * Pure Olive Oil Imported From Lucca Toseana 
Italy * * * Puro Olio d' Oliva Importato da Lucca Toseana Italia," and 
This Olive Oil is guaranteed to be absolutely pure under chemical analysis 
[and similar statements in Italian, German, French, and Spanish]"; (Lucca 
brand) design of olive branch and olives and the statements, "One Gallon 
Net * * * Pure Olive Oil Lucca Imported Product * * * Puro Olio 
d Oliva Lucca Prodotto Importato," "This olive oil is guaranteed to be abso- 
lutely pure under any chemical analysis Recommended for table use and 
medicinal purposes," "Quest' Olio d Oliva e garantito assolutamente puro sotto 
qualsiasi analisi chimica raccomandato per tavola e per uso medicinale," and 
"Imported Pure Olive Oil"; (Italia brand) design of olive branches and olives, 
and Italian flag and the statements, "Contents One Gallon Italia * * * Olive 
Oil Imported Lucca-Italia," "Olio d Oliva * * * Importato Lucca-Italia," 
"The purity of this olive oil is guaranteed under chemical analysis and we 
recommend it for table and medicinal uses," and "La puressa ii quest' olio e 
garantita all' analisi chimica noi lo raccomandiamo per uso tavola be per uso 
medicinale"; (Olio Di Oliva Vergine) designs of olive branch and olives, and 
olive tree, and the statements, "Net Contents one Gallon Olio Di Oliva-Vergine 
Lucca * * * Prodotto Italiano olio d Oliva," "This Olive Oil is guaranteed 
pure Olio d Oliva," "Questo Olio e garantito Di puro oliva Olio d Oliva," and 
"Imported Pure Olive Oil"; (A. Sasso brand) "One Gallon Superfine Olive 
Oil * * * Imported * * * Olio d Oliva SopraflBno * * * Impor- 
tato * * * Pure Olive Oil Imported * * * Olio Puro d Oliva Raccoman- 
dato per uso medicinale * * * Puro Olio Di Oliva [designs of olive branches 
and olives]."
It 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; and in that it was food in package form and the quantity of the contents 
was not plainly and conspicuously marked on the outside of the package, since 
the quantity stated was not correct.
On February 28, 1939, no claimant having appeared, judgments of condemna- 
tion were entered and the product was ordered delivered to charitable institu- 
tions after its removal from the original Kans.
HARRY L. BROWN, Acting Secretary of Agriculture.