23378. Misbranding of salad oil.   TJ. S. v. 9 Cases and 29 Cases of Salad Oil.
Consent decree of condemnation and forfeiture. Product released 
under bond to be relabeled. (F. & D. no. 34173. Sample nos. 10540-B, 
10541-B. 
This case involved a product consisting essentially of domestic cottonseed 
oil with some peanut oil and some olive oil present, that was labeled to convey 
the impression that it was imported olive oil.
On October 23, 1934, the United States attorney for the Eastern District 
of Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 38 cases of 
salad oil at Philadelphia, Pa., alleging that the article had been shipped in 
interstate commerce on or about April 16, 1934, 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."
The article was alleged to be misbranded in that the statement, " Olio Fino 
Balboa Brand Tipo Lucca ", together with the designs of olive branches and 
coat of arms with crown, appearing on the label, were misleading and tended 
to deceive and mislead the purchaser, since they created the impression that the 
product was imported Italian olive oil; whereas it was essentially domestic 
cottonseed oil with some peanut and olive oil, and the misleading 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 
when not so.
On November 8, 1934, S. Alioto & Sons, Philadelphia, Pa., having appeared 
as claimants, judgment of condemnation and forfeiture was entered, and it was 
ordered that the product be released under bond, conditioned that it be re- 
labeled under the supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.