23860. Misbranding of salad oil.    V. S. v. 48 Cans of Salad Oil.    Decree of
condemnation and forfeiture.    Product released under bond to be 
relabeled.    (F. & D. no. 31870.    Sample no. 66236-A.)
This case involved a product consisting chiefly of cottonseed oil, with little 
or no olive oil present, which was labeled to convey the impression that it was 
olive oil of foreign origin.
On January 24,1934, the United States attorney for the District of Connecti- 
cut, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 48 cans of salad oil at
Danbury, Conn., alleging that the article had been shipped in interstate com- 
merce, on or about December 7, 1933, by the Valentino Salad Oil Co., from 
Brooklyn, N. T., and charging misbranding in violation of the Food and Drugs. 
Act.   The article was labeled in part: "Olio Sopraffino Balbo Brand Viva 
Italia Packed by SB Balm, N. Y."
The article was alleged to be misbranded in that the statements on the label. 
"Olio Soprafllno", "Balbo Brand", and "Viva Italia", were misleading and 
deceived and mislead the purchaser since they created the impression that the 
article was Italian olive oil; whereas it consisted chiefly of cottonseed oil of 
domestic origin. Misbranding was alleged for the further reason that the 
article purported to be a foreign product when not so.
On December 12, 1934, a claim and answer having been filed, judgment of 
condemnation and forfeiture was entered and it was ordered that the product 
be released to the claimant under bond, conditioned that it be relabeled so as to 
conform to the requirements of the Federal Food and Drugs Act.
M. L. WILSON, Secretary of Agriculture.