3614. Adulteration and misbranding of corn and olive oil.   V. S. v. 23 Cans and
44 Cans of Corn OU and Olive Oil. Default decrees of condemnation. 
Portion ordered destroyed; remainder ordered delivered to a charitable 
institution.    (F. D. C. Nos. 6850; 6952.    Sample Nos. 84195-E, 84660-E.)
Analysis showed that this product consisted essentially of artificially colored 
cottonseed oil or corn oil with some cottonseed oil and containing but a small 
amount of, if any, olive oil.   One lot contained an uncertified coal-tar-dye.
On February 13 and March 4, 1942, the United States attorney for the District 
of New Jersey filed libels against 67 gallon cans of corn and olive oil at New 
Brunswick, N. J., alleging that the article had been shipped in interstate com- 
merce on or about September 19 and December 19,1941, by P. (or Pietro) Esposito 
from New York, N. Y.; and charging that it was adulterated and misbranded. 
It was labeled in part: "La Gloriosa Brand Composed of Corn Oil and Pure Olive 
Oil Distributed by Italo Olive Oil Importer New York, New York."
The article was alleged to be adulterated (1) (23 cans) in that artificially 
colored corn oil with some cottonseed oil and a small amount of olive oil had 
been substituted in whole or in part for com oil and pure olive oil; (2) (44 cans) 
in that artificially colored cottonseed oil containing a small amount of Olive oil 
and little, if any, corn oil had been substituted in whole or in part for corn oil 
and pure olive oil; (3) (all cans) in that inferiority had been concealed by the 
addition of artificial color, and in that artificial color had been added to the 
article so as to make it appear better or of greater value than it was; and (4)% 
(23 cans ..only) in that it contained a coal-tar color other than one from a batch 
that had been certified in accordance with regulations as provided by law.
Misbranding was alleged (1): in that statements in the labeling, "Composed of 
Corn Oil and Pure Olive Oil," were false and misleading; (2) in that the labels 
contained representations in a foreign language (Italian) and the information 
required by the act to appear oh the label, i. e., a statement of the quantity of 
the contents and the common or usual name of each ingredient did not appear on 
the labels in the'said foreign language; (3) in that it contained artificial coloring 
and diet not bear labeling stating that fact; and (4) in that it was fabricated from 
two or more ingredients and the labels did not bear the common or usual name 
of each ingredient.
On April 29, and May 1, 1942, no claimant having appeared, judgments of 
condemnation were entered and it was ordered that a portion of the product 
be destroyed and that the remainder be delivered to a charitable institution.