2779. Adulteration and misbranding of olive oil.    U. S. v. 10 Cases of Olive Oil.
Default   decree   of  condemnation  and  destruction.     (F.   D.   C.  No.  5766.
Sample No. 69245-B.)
This product. consisted essentially of cottonseed oil and was artificially 
flavored and colored to simulate olive oil.
On September 17, 1941, the United States attorney for the Southern District 
of New York filed a libel against 10 cases of olive oil at New York, N. Y., 
alleging that the article had been offered for shipment in interstate commerce 
on or about September 5, 1941, by J. Baba, New York, N. Y.; and charging 
that it was adulterated and misbranded. The article was labeled in part: 
"Riviera Brand Pure Olive Oil Imported from Lucca, Toseana, Italy."
The article was alleged to be adulterated in that artificially flavored and 
colored cottonseed oil, containing little or no olive oil, had been substituted
wholly or in part for olive oil, which the article purported to be; in that in- 
feriority had been concealed by the addition of artificial flavor and artificial 
color; and in that artificial flavor and artificial color had been added thereto or 
mixed or packed therewith so as to make it appear better or of greater value 
than it was. 
The article was alleged to be misbranded in that the following statements 
"Pure Olive Oil Imported from Lucca Toscana Italy," "Duro Olio d oliva 
Importato da Lueca Toscana Italia," "This Olive Oil is guaranteed to be 
absolutely pure under chemical analysis [similar statements in foreign 
languages]" and "Imported from Italy," were false and misleading as applied 
to an article consisting essentially of cottonseed oil, containing little or no 
olive oil, and artificially flavored and colored to simulate olive oil; in that it 
was offered for sale under the name of another food; in that it was an imita- 
tion of another food 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; in that it was in package form and did not bear a label 
containing the name and place of business of the manufacturer, packer, or 
distributor; and in that it contained artificial flavoring and artificial coloring 
and failed to bear labeling stating that fact.
On October 14, 1941, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.