21865. Misbranding of vegetable oil.     U. S. v. 74 Cans, et al., of Vegetable
Oil. Decrees of condemnation and forfeiture. Portion of prod- 
uct released under bond, remainder destroyed. (F. & D. nos. 31619, 
31628, 31629, 31636, 31743. Sample nos. 51345-A to 51348-A incl., 52104-A, 
52115-A.)
Sample cans of vegetable oil taken from the various shipments involved in 
these cases were found to contain less than 1 gallon, the declared volume.
On November 20, November 23, November 24, November 27, and December 
18, 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 702 cans of vegetable oil in various lots 
at West New York, Newark, and Irvington, N.J., alleging that the article had 
been shipped in interstate commerce between September 5 and November 7, 
1933, by the Cosmopolitan Oil Products Corporation, from Brooklyn, N.Y., and 
charging misbranding in violation of the Food and Drugs Act as amended. 
The article was "labeled in part: "Net Contents One Gallon Sogno Mio Brand 
[or "La Cara Brand"] * * * Packed by Cosmopolitan Oil Products Corp. 
Bush Terminal Brooklyn, N.T."
It was alleged in the libels that the article was misbranded in that the 
statement on the labels, "Net Contents One Gallon", was false and mislead- 
ing and deceived and misled the purchaser. 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, since the statement made was incorrect.
On December 17, 1933, the Cosmopolitan Oil Products Corporation having 
appeared as claimant for 561 cans of the product covered by the three libels, 
and having admitted the allegations of the libels and consented to the entry of 
decrees condemning and forfeiting the property, judgments were entered order- 
ing that the product be released to the claimant upon payment of costs and the 
execution of good and sufficient bonds, conditioned in part that it be brought 
into conformity with the law either by repacking or refilling the Kans.
The Cosmopolitan Oil Products Corporation appeared as claimant for the 
product seized under 4 of the 5 libels, admitted the allegations of the said libels, 
and consented to the entry of decrees condemning and forfeiting the prop- 
erty. On January 17, 1934, and April 24, 1934, judgments were entered ordering 
the claimed lots released, upon payment of costs and the execution of good 
and sufficient bonds, conditioned that the product be brought into conformity 
with the law, either by repacking or refilling the cans to the declared volume. 
No claim was entered for the 36 cans seized in the remaining case and on 
December 21, 1933, judgment of condemnation was entered and it was ordered 
by the court that the lot be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.