24259. Misbranding of salad oil.    U. S. v.  151  Cans  of Salad  Oil.    Default t
decree    of   condemnation   and    destruction.     (F.    &    D.    no.   •34185.-
Sample nos. 17074-B, 17076-B.) 
. l(
This case involved a product consisting of domestic cottonseed oil which was' 
labeled to convey the impression that it was imported olive oil.
On October 25, 1934, the United States attorney for the District of New 
Jersey, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 151 cans of salad 'Oil 
at Newark, N. J., alleging that the article had been shipped in interstate-com- 
merce on or about April 16, 1934, by the Cosmopolitan Oil Products Corp., from 
Brooklyn, N. Y., and charging misbranding in violation of the Food .and Drugs 
Act. The article was labeled in part: "La Cara Brand A Pure Vegetable 
Salad Oil * * * Packed by Cosmopolitan Oil Products Corp. Bush Terminal 
Brooklyn, N. Y."
The article was alleged to be misbranded in that the statements, " La Cara 
Brand Olio Vegetable Puro * * * La Cara Olio Puro * * * E' Prodotto 
Dalla Migliore Quality Olio Vegetale", "La Cara Brand A Pure Vegetable 
Salad Oil * * * La Cara Salad Oil A Highly Refined Vegetable Oil", and 
the design of a woman in Italian peasant garb in Italian surroundings, appear- 
ing on the label, were misleading and tended to deceive and mislead the pur- 
chaser, since they created the impression that the product was imported olive 
oil; whereas it consisted of domestic cottonseed oil and this impression was 
not corrected by the statements on the label, " Salad Oil" and " Vegetable Oil", 
since either of these terms may include olive oil. Misbranding was alleged for 
the further reason, that the article purported to be a foreign product when not so.
On January 30,1935, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.