22144. Misbranding of salad  oil.     IT.  S.  v.  19  Cans  of Salad  Oil.     Default
decree of condemnation, forfeiture, and destruction.    (F. & D. no.
31974.    Sample no. 67406-A.)
This case involved a shipment of salad oil labeled to convey the impression 
that it was olive oil of foreign origin. Examination showed that it consisted 
chiefly of cottonseed oil, with some flavor of olive oil; also that the cans were 
short volume.
On February 13, 1934, the United States attorney for the District of New 
Jersey, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 19 cans of salad oil at 
Newark, N.J., alleging that the article had been shipped in interstate commerce, 
on or about October 26, 1933, by Pietro Esposito & Bro., Inc., from New York, 
N.Y., and charging misbranding in violation of the Food and Drugs Act as 
amended.
It was alleged in the libel that the article was misbranded in that the state- 
ments, " La Gloriosa Brand ", " Prize Awarded at Exhibition of Rome 1924 ", 
" Italy ", " Olio Finissimo ", the designs of a crown, olive branches and medal
carrying the Italian national colors, and the undue prominence given to the 
words " Lucca Olive Oil", in the statement, " Pure and Delicious Oil Composed 
of Eighty Five Percent Choice Salad Oil and Fifteen Percent Lucca Olive Oil", 
all of which appeared on the label of the product, were misleading and deceived 
and misled the purchaser, since the label created the impression that the article 
was Italian olive oil, whereas it consisted chiefly of domestic cottonseed oil. 
Misbranding was alleged for the further reason that the statement on the label, 
" One Gallon Net", was false and misleading and deceived and misled the pur- 
chaser ; 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 March 21, 1934, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was 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.