24024. Misbranding of salad oil.    U.  S. v. Marcy M. Hoffman  (Hoffman Oil
Co.).    Plea of guilty.    Sentence suspended.     (F. & D. no. 33802.     Sam- 
ple nos. 51341-A, 51342-A.)
This case was based on an interstate shipment of two lots of salad oil con- 
sisting principally of cottonseed oil, which was labeled to convey the im- 
pression that it was olive oil of foreign origin. Sample cans taken from the 
lots were found to contain less than 1 gallon, the labeled volume.
On October 24, 1934, the United States attorney for the Eastern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Marcy M. Hoffman, trading as the Hoff- 
man Oil Co., Brooklyn, N. Y., alleging shipment by said defendant in violation 
of the Food and Drugs Act as amended, on or about October 25, 1933, from the 
State of New York into the State of New Jersey, of quantities of salad oil 
which was misbranded.
The article was alleged to be misbranded in that the statements " La 
Vergine Brand Finest Quality Oil Lucca * * * Qualita Extra Fine In- 
superabile * * * Extra Fine Quality Oil Insuperable", together with the 
design showing a foreign-looking hamlet by the sea, an olive tree, and a 
woman holding a pitcher of olive oil against the olive-bearing branches of 
the tree, with respect to a portion of the article, the statements, " Olio Pure 
Prima Quality Conte Di Savoia Brand Lucca * * * Superior Quality", 
and the design showing olive branches and a crown with respect to a portion 
of the article; and the statement " Net Contents 1 Gallon " with respect to 
both lots, borne on the can labels, were false and misleading; and for the 
further reason that the article was labeled so as to deceive and mislead the 
purchaser, in that the said statements and designs represented that the article
was olive oil produced in a foreign country, and that the cans each contained 
1 gallon thereof; whereas it was a product consisting almost entirely of cotton- 
seed oil, and the cans contained less than 1 gallon thereof. Misbranding was 
alleged for the further reason that the article was food in package form and 
the quantity of the contents was not plainly and conspicuously marked on the 
outside of the package, since the quantity stated was incorrect.
On November 13, 1934, the defendant entered a plea of guilty and the court 
ordered that sentence be suspended, and that defendant be placed on probation 
for a period of one year.
M. L. WILSON, Acting Secretary of Agriculture.