2289. Adulteration and misbranding of vegetable oil.    U. S. v. 43 Bottles and
13   Jugs   of   Oil.    Default   decree   of   condemnation   and   destruction.
(F. D. C. No. 3965.    Sample Nos. 46195-E, 46196-E.)
This product was an artificially flavored and artificially colored mixture of 
cottonseed oil and an oil similar to corn oil and contained little or no olive oil.
On March 12,1941, the United States attorney for the District of New Jersey 
filed a libel against 43 bottles and 13 jugs of vegetable oil at Newark, N. J., 
alleging that the article had been shipped in interstate commerce on or about 
November 20 and December 2, 1940, and January 14, 1941, by Saporito Pure 
Oil Co. from Brooklyn, N. Y.; and charging that it was adulterated and mis- 
branded. It was labeled in part: (Bottles) "Saporito Brand Sublime Fine Oil"; 
(jugs) "Saporito Brand Superfine •Oil"; and (both) "Choice Corn and Imported 
Olive Oil."
The article was alleged to be adulterated (1) in that an artificially flavored 
and artificially colored mixture of cottonseed oil and an oil similar to corn oil, 
containing little or no olive oil, had been substituted wholly or in part for 
"Choice Corn and Imported Olive Oil," which it purported to be; (2) in that 
inferiority had been concealed by the addition of artificial flavor and color; 
(3) in that artificial flavor and color had been added thereto" or mixed or 
packed therewith so as to make it appear better or of greater value than it 
was; and (4) in that it contained a coal-tar color other than- one from a batch 
that had been certified in accordance with regulations as provided by law.
The article was alleged to be misbranded (1) in that the statement "Choice 
Corn and Imported Olive Oil" was false and misleading as applied to such a 
product; (2) in that it was an imitation of another food, olive oil, and its label 
failed to bear, in type of uniform size and prominence, the word "imitation" 
and, immediately thereafter the name of the food imitated; and (3) in that it 
contained artificial flavoring and did not bear labeling stating that fact.
On June 27, 1941, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
CANDY