3804. Adulteration and misbranding of olive oil.   IT. S. v. 18 Cans of Olive Oil.
Default  decree  of condemnation and destruction.     (.F. D.  C. No.  6922.
Sample No. 64681-B.)
Examination showed that this product consisted essentially of artificially 
J flavored and colored cottonseed oil.   It contained a coal-tar dye not certified 
for food use.
On February 24, 1942, the United States attorney for the Western District of 
Pennsylvania filed a libel against 18 gallon cans of olive oil at Kent, Pa., al- 
leging that the article had been shipped in interstate commerce on or about 
January 15, 1942, by Alberto Maltese from Brooklyn, N. Y.; and charging that 
it was adulterated and misbranded. It was labeled in part: "Roberta Brand 
Pure Olive Oil Imported From Lucca Toscana Italy."
The article was alleged to be adulterated (1) in that artificially flavored and 
colored cottonseed 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 ad- 
dition of artificial flavor and artificial color; (3) in that artificial 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; and (4) in that it con- 
tained a coal-tar color other than one from a batch that had been certified 
in accordance with regulations as provided by law.
It was alleged to be misbranded: (1) In that the following statements, (main 
panels) "Pure Olive Oil Imported From Lucca Toscana Italy * * * [similar 
statements in Italian and designs of gold medals, olive branches, and olives]," 
(side panels) "This Olive Oil is guaranteed to be absolutely pure under chemical 
analysis. * * * [similar statements in Italian, German, French and Span- 
ish]," and (top) "Imported Pure" Olive Oil," were false and misleading as ap- 
plied to an article consisting essentially of artificially flavored and colored cot- 
tonseed oil. (2) In that it was offered for sale under the name of another food. 
(3) 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. (4) In that it was in package form 
and did not bear a label containing the name and place of business of the manu- 
facturer, packer, or distributor. (5) In that it contained artificial flavoring 
and artificial coloring and failed to bear labeling stating that fact.
On March 24, 1942, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered delivered to charitable institutions. 
Oh March 27, 1942, the decree was amended to provide for destruction of the 
product.