11303. Adulteration and. misbranding; of salad oil. IT. S. v. Ill Cartons of?
Salad Oil. Consent decree of condemnation and forfeiture. Product re??
leased under bond.     (F. & D. No. 16671.    I. S. No. 7114-t.     S. No. E-4072.)
On or about August 3, 1922, the United States attorney for the Eastern Dis??
trict of New York, acting upon a report by the Secretary of Agriculture, filed?
in the District Court of the United States for said district a libel for the?
seizure and condemnation of 111 cartons of salad oil at Brooklyn, N. Y., alleging?
that the article had been shipped by the Capitol Refining Co., Rosslyn, Va., on?
or about June 23, 1922, and transported from the State of "Virginia into the State?
of New York, and charging adulteration and misbranding in violation of the?
Food and Drugs Act, as amended. The article was labeled in part: " High?
Grade Medaglia D'Oro Brand * * * Vegetable Salad Oil More Practical?
Than Olive Oil A Compound Contents 1 Gallon * * * Packed by B.?
Mayer New York."
It was alleged in substance in the libel that the article was in violation of?
paragraphs first and second of section 7 of the said Food and Drugs Act, in?
that an oil or oils other than olive oil had been mixed and packed with and?
substituted wholly or in part for the said article.
Misbranding was alleged for the reason that the statements, " High Grade?
Medaglia D'Oro Brand Re d'ltalia" and " Contents 1 Gallon," together with?
designs of medal apparently of foreign origin, an Italian soldier on horseback?
in foreground, also conventional design of olive branches with background?
showing Italian scene, were false and misleading and deceived and misled?
the purchaser. Misbranding was alleged for the further reason that the?
article was an imitation of and was offered for sale under the distinctive?
name of another article, for the further reason that it purported to be a foreign?
product when not so, and for the further reason that it was food in package?
form, and ttie quantity of the contents was not plainly and conspicuously?
marked on the outside of the package.
On Octobler 11, 1922, Benjamin Mayer, New York, N. Y., claimant, having?
admitted the allegations of the libel and consented to a decree, judgment of?
condemnation and forfeiture was entered, and it was ordered by the court?
that the product be released to the said claimant upon payment of the costs?
of the proceedings and the execution of a bond in the sum of $700, in con??
formity with section 10 of the act, conditioned in part that it be relabeled?
under the supervision of this department.
C W. PUGSLEY, Acting Secretary of Agriculture.