2786. Adulteration and misbranding of olive oil.    TJ. S. v. 4 Cases and 11 Cans 
• of   Olive  Oil.    Default decree   of condemnation.    Product ordered  dis- 
tributed to local charitable agencies.    (F. T>. C.  No.  4916.    Sample Nos. 
. 56682-B, 5668S-B.)
This case involved two lots of a product that was labeled to represent that it 
was pure olive oil; whereas one lot consisted of a mixture of cottonseed and 
olive oils, and the other consisted of cottonseed oil with little or no olive oil.
On or about June 16, 1941, the United States attorney for the District of Con- 
necticut filed a libel against 11 cans, and 4 eases each containing 12 cans, of 
olive oil at Stamford, Conn., alleging that the article had been shipped by 
Sabaudia Importing Co. from New York, N. Y., on or about April 30, 1941; and 
charging that it was adulterated and misbranded. It was labeled in part: 
(Cases) "Extra Sublime Olive Oil"; and (11 eans) "Eletta Brand Pure Imported 
Olive Oil."
The "Extra Sublime" olive oil was alleged to be adulterated (1) in that 
artificially colored cottonseed oil containing some 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 color; and (3) 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. The Eletta brand was alleged 
to be adulterated (1) in that artificially colored and artificially flavored cotton- 
seed oil containing little, if any, olive oil had been substituted wholly or in 
part for olive oil; (2) in that inferiority had been concealed by the addition of 
artificial flavor and color; and (3) in that artificial flavor and color had been 
added thereto or mixed or packed therewith so as to make it appear better or of 
greater value than it was.
The article was alleged to be misbranded in that the following statements and 
designs were false and misleading: ("Extra Sublime" oil, main panels of cans) 
"Lucca Italy * * * Packed in Italy * * * Olive Oil * * . * [design 
of an olive branch and olives] Olio Sopraffino puro d'oliva Garantito sotto 
qualunque Analisi Chimica * *  *, . We guarantee . this olive oil to be ab- 
solutely pure under chemical analysis and oil finest quality," and (top of can) 
"Packed in Italy"; and (Eletta brand, main panels of can) "Pure Imported 
Olive Oil * * * [similar statement in Italian and design of an olive branch 
and olives]," (side panels) "Guaranteed absolutely pure olive oil for table and 
medicinal purposes [similar statement in Italian and design of a crown, shield, 
and olive branch]," and (top) "Imported Olive Oil." It was alleged to be 
misbranded further in that.it contained artificial flavoring (and one lot also 
contained artificial coloring) but failed to bear labeling stating these facts. 
Both portions of the article were alleged to be misbranded further (1) in that 
it was offered for sale under the name of another food; and (2) 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.
Oh September 23, 1941, no claimant having appeared, judgment of condemna-
tion was entered and the product was ordered distributed to local charitable 
agencies.