22447. Misbranding of salad oil. U. S. v. 68 Cans and 64 Cans of Salad Oil. 
Default decree of condemnation. Product delivered to charitable 
organizations.     (P. & D. no. 32528.    Sample nos. 67449-A, 67450-A.)
This case involved a product which consisted largely of domestic cottonseed 
oil, but which was labeled to convey the impression that it was imported olive oil
On April 13, 1934, 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 132 cans of salad oil at New 
Haven, Conn., alleging that the article had been shipped in interstate com- 
merce, on or about November 18, 1933, by the Import Oil Corporation, from 
New York, N. Y., and charging misbranding in violation of the Food and Drugs 
Act The article was labeled in part: " Samaritana Brand [or " Cardinale 
Brand "] Oil Tipo Lucca   *   *   *   Packed by Import Oil Corp."
It was alleged in the libel that a portion of the article was misbranded in 
that the statements, " Samaritana Brand Oil", " Tipo Lucca ", " Import Oil 
Corp.", together with the design of olive trees and figure of woman bearing a 
jar suggesting a jar of olive oil, borne on the label, were misleading and tended 
to deceive and mislead the purchaser, since they created the impression that 
the article was imported olive oil; whereas it consisted largely of domestic 
cottonseed oil. Misbranding of the remainder of the article was alleged for 
the reason that the statements, " Cardinale Brand Oil", " Tipo ", " Import Oil 
Corp." together with designs of olive branches, borne on the label, were mis- 
leading and tended to deceive and mislead the purchaser, since they created 
the impression that the article was imported olive oil; whereas it consisted 
largely of domestic cottonseed oil, and this impression was not corrected by the 
inconspicuous statement on the label, " High Grade Vegetable Oil with Flavor." 
Misbranding of the product in both lots was alleged for the further reason 
that it purported to be a foreign product when not so.
On May 28, 1934, no claimant having appeared for the property, judgment of 
condemnation was entered and the court ordered that the United States marshal 
deliver the product to charitable organizations and destroy the containers.
M. L. WILSON, Acting Secretary of Agriculture.