2082. Adulteration and misbranding of olive  oil.     IT.  S.  v.  49 Gallon  Cans,  44
Gallon Cans, and 13 GalIon Cans of Olive Oil. Default decrees of 
condemnation and destruction. (F. D. C. Nos. 3504 to 3506, incl. Sample 
Nos. 29013-E to 29015-E, incl.)
Analysis showed that this product consisted essentially of cottonseed oil 
with little or no olive oil.
On December 12, 1940, the United States attorney for the Northern District 
of Ohio filed libels against 93 gallon cans and 13 half-gallon cans of olive oil 
at Cleveland, Ohio, alleging that the article had been shipped in interstate 
commerce on or about May 28 and June 26, 1940, by the De Luxe Products 
Co. from McKees Rocks, Pa.; and charging that it was adulterated and mis- 
branded. The article was labeled in part: "O Sole Mio Virgin Extra Sublime 
Olive Oil."
It was alleged to be adulterated in that an article consisting essentially of 
cottonseed oil and containing little or no olive oil had been substituted wholly 
or in part for olive oil, which it purported to be.
It was alleged to be misbranded in that the following designs and statements 
were false and misleading as applied to an article consisting essentially of 
cottonseed oil and containing little or no olive oil: " [Design of olive leaves 
and olives] 0~ Sole Mio Virgin Extra Sublime Olive Oil *' * * Olio D'Olive 
Vergine Extra Sublime * * * O Sole Mio Italian olive oil is produced with 
selected ripe olives from the finest regions available. That is why the quality 
is uniformly 'of the best' at all times. Absolutely pure in all respects and so 
guaranteed under chemical analysis. You need not hesitate to use this olive 
oil freely for cooking and eating purposes. Also splendid for medicinal use. 
[Similar statements in Italian.]"; (on half-gallon size cans only) "Imported 
from Lucca-Italy * * * Importato da Lucca-Italy." It was alleged to. be 
misbranded further in that it was offered for sale under the name of another 
food.
On April 5, 1941, the De Luxe Products Co. having intervened but having 
failed to answer or plead further, judgments of condemnation were entered and 
the product was ordered destroyed.