28774. Adulteration and misbranding of olive oil.    U. S. v. 11 Cans and 8 Cases
of Olive Oil.   Default decree of condemnation and destruction.    (F. &.. D.
No. 41443.    Sample No. 37696-C.)
This product was an artificially colored and flavored cottonseed oil which 
contained little, if any, olive oil.
On January 18, 1938, the United States attorney for the Eastern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 11 gallon cans and 
8 cases, each containing 12 gallon cans of alleged olive oil, at Brooklyn, N. Y., 
alleging that the article had been delivered for shipment from New York, N. Y., 
to Jersey City, N. J., on or about December 20, 1937, by Carmine Esposito, 
and charging adulteration and misbranding in violation of the Food and Drugs 
Act The product was labeled in part: (Cans) "Net Contents One Gallon 
Olio Puro Garantito Impaccato Expressamente per Minning [design of olive 
branch and olives] da V. B. & D. S. Maria Evico Pro Caserta Italy, * * * 
Pure Imported Olive Oil"; (cases) "12—1-gallon Tins Italian Pure Olive Oil 
Products of Italy."
The product was alleged to be' adulterated in that artificially colored and fla- 
vored cottonseed oil had been mixed and packed with it so as to reduce or lower 
its quality or strength.
It was alleged to be misbranded in that the statements appearing on the cans 
and cases were false and misleading and tended to deceive and mislead the 
prospective purchaser, since it contained little, or no, olive oil. It was alleged 
to be misbranded further in that it purported to be a foreign product, which it 
was not.
On March 7, 1938, no claimant having appeared, judgment of condemnation, 
with order of destruction, was entered.
M. L. WILSON, Acting Secretary of Agriculture,