23062. Misbranding of salad oil. U. S. v. 26 Cans of Salad Oil. Default de¬ cree of condemnation. Product delivered to charitable institu- tions. (F. & D. no. 33179. Sample no. 6599-B.) This case involved a product consisting chiefly of domestic cottonseed oil, with olive oil odor and flavor, that was labeled to convey the impression that it was olive oil. On or about August 10, 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 26 cans of salad oil at New Haven, Conn., alleging that the article had been shipped in interstate commerce, on or about December 18, 1933, by the Agash Refining Corporation, from Brooklyn, N. Y., and charging misbranding in violation of the Food and Drugs Act. 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 pack- ers of Agash Olive Oil One Gallon. * * * Agash Refining Corp. Brooklyn, N. Y.", the words "Agash Olive Oil" being prominent. The article was alleged to be misbranded in that the statements, " Extra Fine Oil", " Olio Extra Fino ", and " The Olive Oil contained in this can is pressed from fresh picked fruit", together with the prominent statement "Agash Olive Oil", were misleading and tended to deceive and mislead the purchaser, since they created the impression that the article was olive oil; whereas it consisted chiefly of domestic cottonseed oil, and the said statements were not corrected by the inconspicuous reference in script to the presence of 85 percent of other vegetable oil. Misbranding was alleged for the further reason that the article was offered for sale under the distinctive name of another article. On September 11, 1934, no claimant having appeared, judgment of condemna- tion was entered and it was ordered that the product be delivered to charitable institutions. M. L. WILSON, Acting Secretary of Agriculture.