24260. Misbranding of  salad  oil.    U.   S.  v.   Nine   1-Gallon   Cans,   et  al.,  of
Salad   Oil.    Default   decrees   of   condemnation   and   destruction.
(F. & D. nos. 34187, 34223.    Sample nos.  17079-B,  17080-B,  17611-B.)
These cases involved a product consisting essentially, if not entirely, of 
cottonseed oil artificially colored and flavored to simulate the color,and flavor of 
olive oil, and which was labeled to convey the impression that it was olive oil.
On October 25 and October 31, 1934, the United States attorney for the 
District of New Jersey, acting upon reports by the Secretary of Agriculture, 
filed in the district court libels praying seizure and condemnation of 157 gallon 
cans and 8 half-gallon cans of salad oil at Newark, N. J., alleging that the article 
had been shipped in interstate commerce in part on or about July 31, 1934, and 
in part on or about August 31, 1934, by the Hoffman Oil Co., from Brooklyn, 
N. Y., and charging misbranding in violation of the Food and Drugs Act. 
The article was labeled in part: " Mano Bianca Brand * * * Packed By 
Hoffman Oil Co. Brooklyn, N. Y."
The article was alleged to be misbranded in that the name, " Olio Mano 
Bianca ", and the statement, " This Oil Is Specially Prepared For The Italian 
Trade ", appearing on the label, were misleading and tended to deceive and 
mislead the purchaser, since they created the impression that the article was 
olive oil. Misbranding was alleged for the further reason that the article was 
an imitation of another article, namely, olive oil, and was not plainly labeled 
as an imitation. Misbranding was alleged with respect to a portion of the 
article for the further reason that the statement on the label, " Vegetable Oil", 
was misleading and tended to deceive and mislead the purchaser, since the 
term " vegetable oil" includes olive oil.
On January 28, 1935, no claimant having appeared, judgments of condemna- 
tion were entered and it was ordered that the product be destroyed.
M. L. WJXSON, Acting Secretary of Agriculture.