3402. Adulteration and misbranding of vegetable oil.   IT. S. v. 82 Cans of Vege¬
table Oil. Default decree of condemnation and forfeiture. Product 
ordered distributed to charitable institutions. (F. D. C. No. 7018. Sample 
No. 84324-B. 
This product, which was represented to be composed of cottonseed and corn 
oil and olive oil, was found to consist essentially of artificially flavored and 
artificially colored corn oil, containing little, if any, olive oil and no cottonseed 
oil.
On March 12, 1942, the United States attorney for the District of New Jersey 
filed a libel against 82 cans of vegetable oil at Elizabeth, N. J., alleging that the 
article had been shipped in interstate commerce on or about December 4 and 
31, 1941, by Pietro Esposito from New York, N. Y.; and charging that it was 
adulterated and misbranded. It was labeled in part: "La Vergine Brand 
Prodotto Garantito Composed of Cottonseed & Corn Oil Pure Imported Olive 
Oil Distributed by A. Campo    *    *    *      Elizabeth, N. J."
The article was alleged to be adulterated (1) in that artificially flavored and 
artificially colored corn oil, containing little, if any, olive oil, and no cottonseed 
oil, had been substituted wholly or in part for "Cottonseed & Corn Oil Pure 
Imported Olive Oil," which it purported to be; (2) in that inferiority had been 
concealed by the addition of artificial flavor and color; and (3) in that arti- 
ficial 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.
It was alleged to be misbranded (1) in that the design of an olive tree and 
the statement "Composed of Cottonseed & Corn Oil Pure Imported Olive Oil" 
were false and misleading as applied to artificially flavored and artificially 
colored corn oil, containing little, if any, olive oil, and no cottonseed oil; (2) 
in that it was an imitation of another product, 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; (3) in that the label 
contained representations in a foreign language, Italian, and the information 
required by the act to appear on the label did not appear thereon in the foreign 
language; and (4) in that it contained artificial flavoring and artificial coloring 
but did not bear labeling stating that fact.
On April 29, 1942, no claimant having appeared, judgment of condemnation 
and forfeiture was entered and the product was ordered distributed to chari- 
table institutions.
SACCHARINE PRODUCTS
CANDY