3616. Adulteration and misbranding of olive oil.   U. S. v. 18 Cases of Olive Oil.
Default decree of condemnation. Product ordered distributed to chari- 
table institutions. (F. D. C. No. 4204. Sample Nos. 56051-E, 56052-E, 
¦5606Q-E.)
This product was represented to consist of olive oil but in two of the lots, it 
consisted of artificially flavored cottonseed oil; and in one lot, of an artificially 
flavored mixture of peanut and cottonseed oils, all containing little, if any, olive 
oil. In one lot the label failed to bear the name and place of business of the 
manufacturer, packer, or distributor.
On April 5,1941, the United States attorney for the District of Connecticut filed 
a libel against 18 cases, each containing 6 gallon Kans.of olive oil at Torrington, 
Conn., alleging that the article had been shipped in interstate commerce on or 
about February 11 and 14, 1941, by Vincenzo Maturo from New York, N. Y.; 
and charging that it was adulterated and misbranded. It was labeled in part: 
"Tivoli [or "Bletta"] Brand Pure Imported Olive Oil"; or "Olio di Oliva Vergine 
Lucca Brand."
The article was alleged to be adulterated (1) in that artificially flavored cotton- 
seed oil in the Tivoli and Bletta brands and an artificially flavored mixture of 
peanut and cottonseed oil in the Lucca brand, all brands containing little, if any, 
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 
flavor; and (3) in that artificial flavor had been added thereto or mixed or 
packed therewith so as to make it appear better or of greater value than it was.
Misbranding was alleged in that the following statements and designs in the 
labeling (Tivoli brand) "Pure Imported Olive Oil * * .' * Tivoli Brand Olive 
Oil is guaranteed to be one of the finest olive oils. The olive oil contained in this 
can is pressed from fresh picked ripe and selected olives. It is an absolutely pure 
product highly recommended for table use and medicinal purposes [similar state- 
ments in Italian and a design of olive trees and workers gathering olives]," 
(Lucca brand) "This olive oil is guaranteed pure * * * Imported Pure Olive 
Oil [similar statements in Italian and adesign of an olive branch and olives]," 
and (Bletta brand) "Pure Imported Olive Oil * • * * Guaranteed absolutely 
pure olive oil for table and medicinal purposes [similar statements in Italian 
and designs of olive branches and olives and a shield and crown]," were false 
and misleading. The articles were alleged to be misbranded further (1) in that 
they were offered for sale under the name of another article; (2) in that they 
were imitations of another food, i. e., olive oil, and the labels failed to bear in 
type of uniform size and prominence the word "imitation" and immediately there- 
after the name of the food imitated; and (3) in that they contained artificial 
flavoring and did not bear labeling stating that fact. The Lucca brand was 
alleged to be misbranded further 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.
On May 6, 1942; no claimant having appeared, judgment of condemnation was 
entered and the product was ordered distributed to charitable institutions.