24216. Misbranding of salad oil.    V. S. v. 300 Cans  of Salad Oil.     Consent
decree of condemnation.    Product released nnder bond.     (F. & D.
no. 33024.    Sample no. 70433-A.)
This case" involved a product consisting essentially of cottonseed oil with a 
slight taste of olive oil, which was labeled to convey the impression that it was 
olive oil of foreign origin. Sample cans taken from the shipment were found 
to contain less than the declared volume.
On June 28, 1934, the United States attorney for the District of New 
Jersey, acting upon a report by the Secretary of Agriculture, filed in the
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district court a libel praying seizure arid condemnation of 300 cans of salad 
oil at Newark, N. J., alleging that the article had been shipped in interstate 
commerce on or about May 28, 1934, by Angelo D. Polizzi, from Rochester, 
N. Y., and charging misbranding in violation of the Food and Drugs Act as 
amended. The article was labeled in part: " La Feroce Brand Vegetable 
Salad Oil Slightly Flavored with Pure Olive Oil A Compound Net Contents 
One Gallon."
The article was alleged to be misbranded in that the impression conveyed 
by the predominatingly green color of the label and the prominence given to 
the legend " Pure Olive Oil", and the statement on the label, " Net Contents 
One Gallon ", were false and misleading, and tended to deceive and mislead 
the purchaser. Misbranding was alleged for the further reason that the article 
purported to be a foreign product when not so, and for the further reason that 
it 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 statement 
made was incorrect.
On February 18, 1935, Joseph Polizzi, claimant, having admitted the allega- 
tions of the libel and having consented to the entry of a decree, judgment of 
condemnation was entered and it was ordered that the product be released 
under bond, conditioned that it be repacked in properly labeled cans or other- 
wise disposed of in a manner approved by this Department.
M. L. WILSON, Acting Secretary of Agriculture.