22297. Adulteration and misbranding of salad oil. U. S. v. Thirty l-Gallon 
Cans of Alleged Olive Oil, et al. Default decrees of condemnation. 
Portion of product delivered to charitable institutions; remainder 
destroyed. (F. & D. nos. 30072, 30654. Sample nos. 31980-A, 31981-A, 
39760-A, 39761-A, 39762-A.)
These cases involved a product which consisted principally of domestic cot- 
tonseed oil, which was labeled to convey the impression that it was olive oil 
of foreign origin.   Certain of the lots were found to be short volume.
On April 11, 1933, the United States attorney for the District of Connecticut, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 30 gallon cans and 13 half-gallon 
cans of alleged olive oil at New Haven, Conn. On June 21, 1933, a libel was 
filed against 66 gallon cans, 47 half-gallon cans, and 45 quart cans of the same 
product at Providence, R.I. It was alleged in the libels that the article had 
been shipped in interstate commerce into the States of Rhode Island and Con- 
necticut by Vincent Buonocore, Inc., from New York, N.Y., on or about Feb- 
ruary 20,1933, and March 17,1933, and that it was adulterated and misbranded 
in violation of the Food and Drugs Act as amended.
The libels charged that the article was adulterated in that cottonseed oil 
had been mixed and packed therewith so as to reduce, lower, and injuriously 
affect its quality and strength, and had been substituted wholly or in part for 
the article.
Misbranding was alleged for the reason that the article was offered for sale 
under the distinctive name of another article, and for the further reason that 
the statements on the label, " The contents of Olive Oil in this can is imported 
from Italy ", " Superfine Oil Imperio ", and the statement emphasized on the 
side panel " Virgin Olive Oil", were false and misleading and deceived and 
misled the purchaser, since they created the impression that the article was 
pure olive oil; whereas it consisted chiefly of domestic cottonseed oil; and for 
the further reason that the article purported to be a foreign product when not 
so. Misbranding was alleged with respect to the quart size and a portion of 
the half-gallon size for the further reason that the statements, " Half Gallon 
Net", and " Quart Gallon", borne on the labels, were false and misleading 
and deceived and misled the purchaser, since the cans contained less than the 
quantity stated; and for the further reason that the article was food in pack- 
age 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.
No claimant appeared for the property. On July 12, 1933, judgment of con- 
demnation was entered in the case instituted in the District of Rhode Island 
and the court ordered that the product be destroyed. On August 6, 1934, 
judgment of condemnation was entered in the remaining case and the court 
ordered that the product be distributed to charitable institutions and the con- 
tainers destroyed.
M. L. WILSON, Acting Secretary of Agriculture.