8076. Adulteration   and misbranding of   edible   oil.    U.   S.   v.   11   Cans   of   Oil.
Default decree of condemnation.    Product ordered delivered to charitable 
institutions.    (F. D. C. No. 13841.   Sample No. 82771-F.)
LIBEL FILED:    October 2, 1944, Southern District of New York.
ALLEGED SHIPMENT : On or about August 23, 1944, by the Lucatelli Packing Co., 
West New York, N. J.
PRODUCT:   11   1-gallon cans of oil at New York, N. Y.
LABEL IN PART: (Cans) "One Gallon Net Imported Produce Lucatelli Super- 
fine Olive Oil."
VIOLATIONS CHARGED: Adulteration, Section 402 (b) (2), a substance containing 
about 30 percent of peanut oil had been substituted in 'whole or in part for 
olive oil, which the article was represented to be.
Misbranding, Section 403 (a), the designs of gold medals and of olive 
branches, and the label statements, "Imported Produce * * * Superfine 
Olive Oil Guaranteed 10O% Pure" and "Extra Sublime This can contains 
the cream of imported virgin olive oil guaranteed to be chemically pure—It 
excells for table cooking and medicinal use," (and similar statements in 
Italian) were false and misleading as applied to an article containing about 
30 percent of peanut oil.
DISPOSITION: March 3, 1945. No claimant having appeared, judgment of con- 
demnation was entered and the product was ordered delivered to charitable 
institutions, after withdrawal of one of the cans of oil by the Food and Drug 
Administration.