21956. Misbranding of salad oil.     U. S. v. 288 Cases, et al., of Salad Oil.
Consent decrees entered. Product ordered released and contain- 
ers destroyed. (F. & D. nos. 31849, 31872, 31946. Sample nos. 52133-A, 
52134-A, 52145-A, 52147-A.)
These cases involved a product consisting principally of cottonseed oil that 
was labeled to  convey the impression that it was olive oil.    Sample cans
taken from one of the lots were found to contain less than 1 gallon, the labeled 
volume.

!
On January 18, January 22, and February 6, 1934, the United States attorney 
for the District of New Jersey, acting upon reports by the Secretary of Agri- 
culture, filed in the district court libels praying seizure and condemnation of 
598 cans of salad oil in part at Newark, N.J., and in part at Jersey City, N.J., 
alleging that the article had been shipped in interstate commerce, in various 
shipments, on or about December 8 and December 16, 1933, and January 12, 
1934, by the Agash Refining Corporation, from Brooklyn, N.Y., and charging 
misbranding In violation of the Food and Drugs Act as amended. The article 
was labeled in part: "Extra Fine Oil San Gennaro Brand Contains Virgin 
Olive Oil Fifteen Per Cent. Other Vegetable Oils eighty Five Per Cent. * * * 
With Harmless Color & Flavor, Perfected by the packers of Agash Olive Oil 
One Gallon, * * * The Olive Oil contained in this can is pressed from 
fresh picked fruit * * * The Perfect Bvlend by the packers of Agash Olive 
Oil, Agash Refining Corp., Brooklyn, N. Y."
It was alleged in the libels that the article was misbranded in that the 
statement, " Extra Fine Oil", the prominent statement, "Agash Olive Oil", 
and the statement, " The Olive Oil contained in this can is pressed from fresh 
picked fruit", appearing on the label, were misleading and deceived and misled 
the purchaser, since they created the impression that the article was olive 
oil, whereas it consisted chiefly of cottonseed oil, and this impression was not 
corrected by the inconspicuous reference in script on the label to the presence 
of 85 percent of other vegetable oil. Misbranding was alleged to.r the further 
reason that the article was offered for sale under the distinctive name of 
another article. Misbranding was alleged with respect to a portion of the 
product for the reason that the statement on the label, " One Gallon," was false 
and misleading and deceived and misled the purchaser, since the cans con- 
tained less than 1 gallon, and for the further reason that it was food in 
package form and the quantity of the contents was not plainly and con- 
spicuously marked on the outside of the package, since the statement made was 
incorrect.
The Agash Refining Corporation having filed a claim as owner of the prop- 
erty and having executed good and sufficient bonds, decrees ordering that the 
product be released to the claimant were entered February 9 and March 2, 
1934, and were subsequently amended under date of April 20, 1934. The 
decrees as amended contained formal admissions of the allegations of the 
libels, and consent by the claimant to the entry of the decrees, and ordered 
that the containers be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.