13291. Misbranding of oil.    U. S. v. Reliable Importing Co.    Plea of guilty.
Fine, $50.     (F. & D. No. 18739.    I. S. Nos. 197-v, 15901-v.)
On March 10, 1925, the United States attorney for the Southern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against the 
Reliable Importing Co., a corporation, New York, N. Y., alleging shipment by 
said company, in violation of the food and drugs act as amended, in various 
consignments, namely, on or about June 13, June 28, October 16, and October 
20, 1923, respectively, from the State of New York into the State of Connecticut, 
?of quantities of oil which was misbranded. The article was labeled in part: 
(Case) " 12 %-Gal Tins' Contadina Brand,' " (Can) " Contadina Brand Superior 
Quality Oil Vegetable Salad Oil flavored slightly with Pure Olive Oil. A com- 
pound 0.98 Of Half Gallon Or 3% Lbs. Net."
Analyses of samples of the article by the Bureau of Chemistry of this 
?department showed that a portion of the product consisted of corn oil and 
the remainder thereof consisted of corn oil mixed with approximately 25 
per cent of cottonseed oil. Examination by said bureau of 6 cans from the 
consignments showed an average volume of 0.481 gallon, or 3 pounds 11 ounces.
Misbranding of the article was alleged in the information for the reason that 
the statement, to wit, " y2 Gal. Tins^" borne on the cases, and the statements,
to wit, " flavored slightly with Pure Olive Oil," and " 0.98 Of Half Gallon Or 
3% Lbs. Net," borne on the cans containing the said article, were false and 
misleading, in that they represented that each of the said cans contained one- 
half gallon of the article, that it was flavored slightly with pure olive oil, 
and that each of the said cans contained 0.98 of a half gallon or 3% pounds 
net of the said article, and for the further reason that it was labeled as 
aforesaid so as to deceive and mislead the purchaser into the belief that each 
of the said cans contained one-half gallon of the article, that it was flavored 
slightly with pure olive oil, and that each of the said cans contained 0.98 
of a half gallon or 3% pounds net of the said article, whereas, in truth and 
in fact, each of the said cans did not contain one-half gallon of the article, 
it was not flavored slightly with pure olive oil, but was composed in large 
part of corn oil and contained an inappreciable amount, if any, of olive oil, 
and each of the said cans did not contain 0.98 of a half gallon or 3% pounds 
of the article but did contain a less amount. Misbranding was alleged for 
the further reason that the article was food in package form and the quantity 
of the contents was not plainly and conspicuously marked on the outside of the 
package.
On April 13, 1925, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $50.
R. W. DUNLAP, Acting Secretary of Agriculture.