2782. Misbranding of oil.    U. S. v. 67 Cans, 30 Cans, and 48 Cans of Oil.    Default
decrees of condemnation. Product ordered delivered to charitable or- 
ganizations. (F. D. C. Nos. 5200, 6199. Sample Nos. 46970-B, 46971-E, 
69646-B.)
Analysis showed that one shipment of this product consisted essentially of an 
artificially colored mixture of cottonseed oil and an oil similar to corn oil, 
containing little, if any, olive oil; one shipment consisted of artificially flavored 
and artificially colored corn oil; and the third shipment consisted of an ar- 
tificially flavored and artificially colored mixture of corn oil and olive oil.
On July 24 and November 12, 1941, the United States attorney for the District 
of New Jersey filed libels against 145 1-gallon cans of oil at Newark, N. J., 
alleging that the article had been shipped on or about May 24 and October 25, 
1941, by Joseph Colletti from Brooklyn, N. Y.; and charging that it was mis- 
branded. Portions of the article were labeled in part: "Contents: Corn Oil 
Color Added," or "Contents: Corn Oil and 25% Olive Oil Color Added." A 
portion was unlabeled except for the statement "1 Gallon."
The portion of the product shipped on May 24 was alleged to be misbranded 
(1) in that it was in package form and did not bear a label containing the 
name and place of business of the manufacturer, packer, or distributor; (2) in 
that its label failed to bear the common or usual name of the food; (3) in 
that it was fabricated from two or more ingredients and its label failed to 
bear the common or usual name of each ingredient; and (4) in that it con- 
tained artificial coloring and did not bear labeling stating that fact.
The remainder was alleged to be misbranded (1) in that it was an imitation 
of another food, namely, olive oil, 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; and (2) in that it contained artificial flavoring and 
did not bear labeling stating that fact.
On October 22, 1941, and January 8, 1942, no claimant having appeared, judg- 
ments of condemnation were entered and the product was ordered delivered to 
local charitable organizations.