10288. Adulteration and misbranding of salad oil. U. S. * * * v. 14?
Gallons of Salad Oil, et al. Default decrees of condemnation, for??
feiture, and destruction. (F. & D. Nos. 15904, 15905, 15906. I. S. Nos.?
5535-t,  5536-t, 5537-t.    S. No. E-3718.)
On December 20, 1921, the United States attorney for the District of Massa??
chusetts, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district libels for the seizure and?
condemnation of 44 gallons of salad oil, in part at Springfield and in part at?
Westfield, Mass., consigned on or about August 25, 1921, alleging that the?
article had been shipped by Nicholas Sadaka, New York, N. Y., and transported?
from the State of New York into the State of Massachusetts, and charging?
adulteration and misbranding in violation of the Food and Drugs Act, as?
amended. A portion of the article was labeled in part, " Finest Quality Table?
Oil Termini Imerese Type Net Contents One Gallon Cotton Seed Salad Oil?
Slightly Flavored with Olive Oil * * *." The remainder of the article?
was labeled in part, " Puritana Brand Olio Oliva Vergine Italy Lucca Toscana?
Contents 1 Gallon    *    *    *"
Adulteration of the article was alleged in substance in the libels for the?
reason that a substance, to wit, cottonseed oil, had been mixed and packed?
therewith so as to alter or injuriously affect its quality and strength and had?
been substituted wholly or in part for the said article, and for the further?
reason that the said substance had been mixed therewith in a manner whereby?
damage or inferiority was concealed.
Misbranding was alleged in substance for the reason that it was food in?
package form, and the quantity of the contents was sot plainly and con??
spicuously marked on the outside of the packages; for the further reason that?
the packages or labels bore statements, designs, or devices, respectively, regard??
ing the said article and the ingredients or substances contained therein, which?
were false and misleading and deceived and misled the purchaser; for the?
further reason that the said article was an imitation of, or offered for sale?
under the distinctive name of, another article, to wit, salad oil; and for the?
further reason that it purported to be a foreign product and contained a false?
statement on the label thereof as to the country in which it was manufactured?
or produced.
On February 16, 1922, no claimant having appeared for the property, judg??
ments of condemnation and forfeiture were entered, and it was ordered by?
the court that the product be destroyed by the United States marshal.
C. F. MARVIN, Acting Secretary of Agriculture.