2518. Adulteration and misbranding of vegetable oil. U. S. v. 48 Cans of Table 
Oil.    Default  decree  of  condemnation  and  destruction.     (F.  D.   C. No.
3944.    Sample Nos, 46301-E, 46302-E, 46305-E, 46308-E, 46309-E.)
This product was an artificially flavored and artificially colored cottonseed 
oil simulating olive oil in appearance and flavor and containing a coal-tar dye 
not certified for food use. The mandatory labeling required by the law was 
inconspicuous and, in some instances, illegible.
On March 11, 1941, the United States attorney for the District of New Jersey 
filed a libel against 48 cans of vegetable oil at Newark, N. J., alleging that the 
article had been shipped in interstate commerce on or about November 8, 1940, 
by Naples Oil Packing Co. from Brooklyn, N. Y.; and charging that it was 
adulterated and misbranded. It was labeled variously in part: "Superfine 
Brand,," "Royal Brand," "Roberta Brand," "Gioiosa Brand," or "Lucci Brand." 
All the cans bore a stamped statement reading "Corn Oil Color and Flavor 
Added" that was inconspicuous and, in some instances, illegible.
The article was alleged to be adulterated in that cottonseed oil, artificially 
flavored and colored, in imitation of olive oil, had been substituted wholly or in 
part for corn oil, which it purported to be; and 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.
It was alleged to be misbranded (1) in that the statement "Corn Oil Color 
and Flavor Added" was false and misleading as applied to artificially flavored 
and colored cottonseed oil; (2) in that it was an imitation of another food, 
olive oil, and its labels failed to bear in type of uniform size and prominence 
the word "imitation" and, immediately thereafter, the name of the food imitated; 
(3) in that the name and place of business of the packer, the common or usual 
name of the food, and the declaration of artificial flavoring and coloring, required 
by the act to appear on the label, were not prominently placed thereon with such 
conspicuousness as to render them likely to be read by the ordinary individual 
under customary conditions of purchase and use; (4) in that the labels contained 
representations in a foreign language (Italian) and the information required by 
the act did not appear on the label in the foreign language; and (5) in that the 
article labeled "Lucci Brand" was in package farm and did not bear a label 
containing an accurate statement of the quantity of the contents.
On July 18, 1941, no claimant having appeared, judgment of condemnation was 
entered and the product was ordered destroyed.