21963. Misbranding of salad oil.    U.  S. v. 151 Cans of Salad Oil.    Product
released under bond to be relabeled. (F. & D. no. 31862. Sample 
nos. 52131-A, 52132-A.)
This case involved a product which was labeled to convey the impression that 
it was imported olive oil but which was found to consist largely of domestic 
cottonseed oil.
On January 18, 1934, the United States attorney for the District of New 
Jersey, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 151 cans of salad oil at 
Newark, N.J., alleging that the article had been shipped in interstate commerce 
on or about October 2 and October 16, 1933, by the Modern Packing Co., from 
Brooklyn, N.Y., and charging misbranding in violation of the Food and Drugs 
Act. The article was labeled in part: "Olio Fino Balboa Brand Tipo Lucca 
Twenty Per cent Olive Oil Eighty Per cent Salad Oil Packed by Modern Packing 
Co., Brooklyn, N.Y."
It was alleged in the libel that the article was misbranded in that the state- 
ment, " Olio Fino Balboa Brand Tipo Lucca ", and the designs of olive branches 
and coat of arms and crown appearing on the label were misleading and 
deceived and misled the purchaser, since they created the impression that the 
article was imported Italian olive oil, whereas it consisted largely of domestic 
cottonseed oil, and this impression was not corrected by the inconspicuous 
statement at the bottom of the label, " Twenty Percent Olive Oil Eighty Percent 
Salad Oil."   Misbranding was alleged for the further reason that the article
purported to be a foreign product, whereas it consisted in large part of domestic 
cottonseed oil.
On January 29, 1934, Murray Mester, trading as the Modern Packing Co., 
claimant, having admitted the allegations of the libel and having consented to 
the entry of a decree condemning and forfeiting the property, judgment was 
entered ordering that the product be released to the claimant upon payment of 
costs and the execution of a bond in the sum of $100, conditioned in part that 
it be repacked in cans labeled to show its true nature.
M. L. WILSON, Acting Secretary of Agriculture.