21691. Adulteration and  niisbrandingr of  vegetable  or  salad  oil.     V.  S.  v.
14 Cans of Vegetable Oil and 16 Cans of Salad Oil. Default de- 
crees of condemnation, forfeiture, and destruction. (F. & D. nos. 
31219, 31231.    Sample nos. 51317-A, 51319-A.)
These eases involved interstate shipments of two lots of oil which was 
labeled to convey the impression that it was olive oil of foreign origin but 
which consisted principally of cottonseed oil, with a small quantity of olive 
oil present in one of the lots and little if any olive oil in the other. Sample 
cans taken from the shipment were found to contain less than 1 gallon, the 
labeled volume.
On October 7 and October 11, 1933, the United States attorney for the 
District of New Jersey, acting upon reports by the Secretary of Agriculture, 
filed in the district court libels praying seizure and condemnation of 14 cans 
of vegetable oil at Paterson, N.J., and 16 cans of salad oil at Hackensack, N.J., 
alleging that the article had been shipped in interstate commerce on or about 
August 31 and September 6, 1933, by H. J. Staiti, Inc., from New York, N.Y., 
and charging adulteration in violation of the Food and Drugs Act as amended. 
The article was labeled in part:  (Can)  "Net Contents One Gallon."
It was alleged in the libels that the article was adulterated in that cotton- 
seed oil with a small quantity of olive oil in one of the lots and little if any 
olive oil in the other had been substituted for olive oil, which the label implied 
the article to be.
Misbranding was alleged for the reason that the statements, "La Vergine 
Brand Finest Quality Oil Lucca Quality extra Fina Insuperabile Per Tavola, 
CucLna, etc. Extra fine quality oil insuperile for table, cooking, etc.", together 
with the design of an olive tree, a woman holding a jug of green oil suggesting 
olive oil, and a picture of a foreign scene, appearing on the label, were false 
and misleading and deceived and misled the purchaser when applied to a 
product consisting essentially of domestic cottonseed oil. Misbranding was 
alleged for the further reason that the statement, " Net Contents One Gallon ", 
-on the label, was false and misleading, for the further reason that the article 
purported to be a foreign product when not so, and for the further reason that 
it was food in package form and the quantity of the contents was not plainly 
and conspicuously marked on the outside of the package, since the statement 
made was incorrect.
On November 1 and November 16, 1933, no claimant having appeared for the 
property, judgments of condemnation and forfeiture were entered, and it was 
ordered by the court that the product be destroyed by the United States 
marshal.
M. L. WILSON, Acting Secretary of Agriculture.