1663. Adulteration and misbranding of olive oil.    U. S. v. 45 Cans of Oil.     De¬
fault decree of condemnation and destruction.     (F. D. C. No. 2800.    Sample 
No. 36216-E.)
This product was cottonseed oil, containing little or no olive oil, and was 
artificially flavored to simulate olive oil.
On September 12, 1940, the United States attorney for the District of Maine 
filed a libel against 45 cans of oil at Portland, Maine, alleging that the article 
had been shipped in interstate commerce on or about August 7, 1940, by the 
Alberti Importing & Exporting Co., Inc., from Boston, Mass.; and charging 
that it was adulterated and misbranded. It was labeled in part: (Main panel) 
"Berta Brand Oil. Contains Pure Olive Oil and Cottonseed Oil * * * 
Packed by Alba Products Co., Boston, Mass."
The article was alleged to be adulterated in that a substance, namely, cotton- 
seed oil, containing little or no olive oil, and artificially flavored to simulate 
olive oil had been substituted wholly or in part therefor.
It was alleged to be misbranded in that the picture of a woman in garb 
suggesting Italian origin, the prominent designation "Olio," the Italian brand 
name "Berta," and the designations "A superior oil" and "Olio Sopraffino," were 
false and misleading as applied to an artificially flavored cottonseed oil con- 
taining little or no olive oil since they implied that it was essentially olive 
oil. It was alleged to be misbranded further in that its label bore representa- 
tions in Italian, but the quantity of contents statement and names of the in- 
gredients failed to appear on the label in Italian, as required by or under 
authority of the law. The article was misbranded further in that it contained 
artiflcial flavoring and did not bear labeling stating that fact.
On October 14, 1940, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.