8280. Adulteration and misbranding of oil.    V. S. v. 22 Cans of Oil (and S other
seizure actions against oil). Consent decree of condemnation. Product 
ordered released under bond. (F. D. C. Nos. 14023, 14026, 14028, 14037. 
Sample Nos. 82289-F, 82291-F to 82293-F, incl., 82295-F, 82296-F, 82298-F, 
82299-F.)
1944, by the Lucatelli Packing Co, and the New Jersey Importing Co., from West 
New York, N. J.
PRODUCT: 27 cases and 24 cases, each containing 6 cans, of oil, and 22 cans and 
15 cans of oil at Brooklyn, N. Y. ' These products differed from their declared 
composition and were also short-volume, A portion contained undeclared arti- 
ficial color.
LABEL IN PART: (Cans) "One Gallon Net" Superfine Product Cimarosa Brand 
100% Pure Fine Cottonseed, Peanut, Corn, and Extra Virgin Olive Oil," or 
"One Gallon Net   Lucatelli Brand Choice Peanut Oil Blended with Olive Oil."
VIOLATIONS CHARGED: Adulteration, Section 402 (b)(2), Cimarosa brand, a 
mixture of cottonseed oil and an oil similar to soybean oil, containing little, 
if any, peanut, corn, or olive oil and in part artificially colored, had been sub- 
stituted in whole or in part for "100% Pure Fine Cottonseed, Peanut, Corn, and 
Extra Virgin Olive Oil." Further Adulteration of portions, Section 402 (b) (4), 
artificial color had been added to the article and mixed or packed with it so 
as to make it appear better and of greater value than it was; and, Section 
402 (c), it contained a coal-tar color that had not been listed as harmless and 
suitable for use in foods in accordance with regulations and was other than one 
from a batch that had been certified. Misbranding, Section 403 (a), the state- 
ment, "100% Pure Fine Cottonseed, Peanut, Corn, and Extra Virgin Olive Oil," 
was false and misleading; Section 403 (e)(2), the article failed to bear a 
label ^containing an accurate statement of the quantity of the contents; and, 
Section 403 (k), a portion contained artificial coloring, and its label failed to 
state that fact.
Adulteration, Section 402 (b) (2), Lucatelli brand, a substance consisting 
essentially of peanut oil and cottonseed oil, containing little or no olive oil, 
had been substituted in whole or in part for "Choice Peanut Oil Blended with 
Olive Oil." Misbranding, Section 403 (a), the following and similar label 
statements in a foreign language were false and misleading: "Choice Peanut 
Oil Blended with Olive Oil," and "However, in order to further improve our 
product, we have added a generous portion of one hundred per cent pure virgin 
Olive Oil, the result being a superior blended oil of extra fine quality and deli- 
cate flavor, guaranteed to satisfy the taste of the most discriminating con- 
sumers"; and, Section 403 (e) (2), the article failed to bear a label containing 
an accurate statement of the quantity of the contents.
DISPOSITION: September 4, 1945. The cases having been consolidated and the 
Lucatelli Packing Co., claimant, having admitted the allegations of the libels, 
judgment of condemnation was entered and the product was ordered released 
under bond for relabeling and refilling under the supervision of the Federal 
Security Agency.