3397. Adulteration and misbranding of olive oil.    17. S. v. 157 and 148 Cases of
Olive Oil (and 9 other seizure actions against olive oil). Decrees of 
condemnation. Portion of product ordered destroyed; one lot ordered 
distributed to charitable institutions; and remaining lots released under 
bond for remixing and relabeling. (F. D. C. Nos. 4590, 4591, 4593, 4596, 
4599, 4600, 4637 to 4639, incl., 4692, 4844. Sample Nos. 28278-E to 28280-E, 
incl.. 40592-E, 50305-E to 50310-E, incl., 50828-E, 59224-E.)
Between May 2 and 29, 1941, the United States attorneys for the District of 
Columbia, the District of Maryland, and the District of New Jersey filed libels 
against 710 cases or cartons of olive oil at Washington, D. C, 320 cases or car- 
tons at Baltimore, Md., and 44 cases of olive oil at Camden, N. J., alleging that 
the article had been shipped in interstate commerce within the period from on 
or about November 8, 1940, to on or about April 18, 1941, in part by the Sage 
Chemical Co., from Brooklyn, N. Y., and in part by J. Kinderman & Sons from- 
\ Philadelphia, Pa.; and charging that it was adulterated and misbranded. The 
) article was labeled in part variously: "York Star Brand Pure Imported Olive 
Oil * * * Packed by York Canning Co., Inc., New York, N. Y."; or "Golden 
Clover Pure Imported Olive Oil    *    *    *    European Olive Oils Co., Inc."
Portions, of the article were alleged to be adulterated in that an oil of the 
nature of cottonseed oil or of soybean oil or corn oil had been substituted 
wholly or in part for olive oil, which it purported to be. Portions were alleged 
to be adulterated in that oil other than olive oil had been substituted for olive 
oil, which it purported to be. One lot was alleged to be adulterated in that an 
artificially colored cottonseed oil, containing little if any, olive oil, had been 
substituted wholly or in part for olive oil, which the article purported to be. 
The latter lot was alleged to be adulterated further in that inferiority had been 
concealed by the addition of artificial coloring and in that 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.
All lots were alleged to be misbranded (1) in that the statements "Pure 
Imported Olive Oil For Medicinal and Table Use" (one lot "Net Cont. 16 Fl. 
Ozs"), borne on the labels, were false and misleading; (2) in that it was offered 
for sale under the name of another food; and (3) in that its container was so 
made, formed, or filled as to be misleading. 'A portion was alleged' to be .mis- 
branded further 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 imme- 
diately thereafter the name of the food imitated, and in that it contained 
artificial coloring and failed to bear labeling stating that fact. A portion was 
alleged to be misbranded further in that it was in package form and did not bear 
a label containing an accurate statement of the quantity of the contents.
On June 21 and July 2 and November 24, 1941, no claimant having appeared 
for the lots seized at Baltimore and Camden, judgments of condemnation were 
entered and those located at Baltimore were ordered destroyed and the lot 
located at Camden was ordered delivered to a charitable institution. On 
August 30, 1941, the libels filed in the District of Columbia having been consoli- 
^ dated for; the purpose of decree and J. Kinderman & Sons, Philadelphia, Pa.,
having appeared as claimant, judgment of condemnation was entered and 
the product was ordered released under bond for relabeling under the super- 
vision of the Food and Drug Administration. On January 12,1942, an amended 
decree was entered ordering that the product be dumped into a vat for mixing,/ 
that artificial flavoring be added, the mixed product repackaged and relabeled 
as imitation olive oil.