8194. Adulteration and misbranding of olive oil.    TJ. S. v. 55 Cartons of Olive
Oil.     Default  decree' of  condemnation and  destruction.     (F.  D.  C.   No.
5801.    Sample Nos. 74701-E to 74704-E, inel.)
This product consisted essentially of an artificially flavored and artificially 
colored imitation olive oil.
On or about September 29, 1941, the United States attorney for the: District 
of New Jersey filed a libel against 55 cartons of olive oil at Newark, N. J., alleg- 
ing that the article had been shipped in interstate commerce on or about August 
26 and 30, 1941, by John Gatto from Brooklyn, N. Y.; and charging that it was
adulterated and misbranded. It was labeled in part variously: "Superfine Olive 
Oil AjySasso,Brand"; "Roberta Brand Pure Olive Oil"; "Puglia Brand Superfine 
Pure Olive Oil"; "Italia Brand Supreme Olive Oil Imported/'
The article was alleged to be adulterated (1) in that artificially flavored and 
artifieially colored mixtures of cottonseed oil, two lots containing peanut or some 
other vegetable oil, and containing little or no olive oil, had been substituted 
wholly or in part for olive oil, which it purported to be; (2) in that inferiority 
had been concealed by the addition of artificial flavor and artificial color; and 
(3) in that artificial flavor and artificial color had been added thereto or mixed 
or packed therewith so as to make them appear better or of greater value than 
they were.
The article was alleged to be misbraiided (1) In that the statements and 
designs (A. Sasso brand) "Superfine Olive Oil * * * Imported Product 
[design of an olive branch and olives] Pure Olive Oil Imported [and similar 
statements in Italian]"; (Roberta brand) "Pure Olive Oil Imported From Lucca 
Toseana Italy [design of olive branches, olives, and gold medals] This Olive Oil 
is guaranteed to be absolutely pure under chemical analysis and [similar state- 
ments in various foreign languages] Imported From Italy"; (Puglia brand) 
"Superfine Pure Olive Oil Imported From Lucca-Italy [design of olive branches 
and olives] This olive oil is guaranteed to be absolutely pure under any chemical 
analysis Recommended for table use and medicinal purposes [similar statements 
in Italian]"; (Italia brand) "Italia *.*•¦» Supreme Olive Oil Imported genit- 
alia [design of gold medals, Italian flag, and olive branches] The purity of 
this olive oil is guaranteed under chemical analysis and we recommend it for 
table and medicinal uses [and similar statements in Italian] Imported Pure 
Olive Oil," were false and misleading as applied to an article of the composition 
disclosed. (2) In that it was offered for sale under the name of another food. 
(3) In that it was an imitation 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. (4) In that it was in package form 
and did not bear a label containing the name and place of business of the manur 
facturer, packer, or distributor. (5) In that it contained artificial flavoring and 
artificial coloring and failed to bear labeling stating that fact.
On March 20, 1042, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
SACCHARINE PRODUCTS
CANDY
*