24253. Misbranding of  salad  oil.     V.   S.  v.  25  Cans   of   Salad  Oil.     Default
decree of condemnation.     Product  delivered to charitable insti- 
tutions.    (F. & D. no. 34453.    Sample no. 21206-B.)
This case involved a product consisting of domestic cottonseed oil containing 
little or no olive oil, which was labeled to convey the impression that it was 
Italian olive oil.
On or about December 3, 1934, the United States attorney for the District of 
Connecticut, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of twenty-five 1-gallon 
cans of salad oil at Meriden, Conn., alleging that the article had been shipped 
in interstate commerce on or about October 29, 1934, by the Goodman Products 
Corporation, from Brooklyn, N. Y., and charging misbranding in violation of the 
Food and Drugs Act. The article was labeled in part: " Extra Fine Oil Stella- 
Alpino Brand    *    *    *    Goodman Products Corp. N. Y. City."
The article was alleged to be misbranded in that the following statements 
and design appearing on the label, " Olio Stella Alpino e il migliore e piu gustaso 
et e garantito a qualsiasi analisi chimica ", " Composto del ottacinque per cento 
did olio vegetable e quindici per cento hi olio Bolivia Italiano importato ", " This 
oil is specially prepared for the Italian trade", and "Quest' olio e preparato 
speciaimenta per la clientela Italian ", and design of a hunter in foreign cos- 
tume, were misleading and tended to deceive and mislead the purchaser, since 
they created the impression that the product was Italian olive oil; whereas it 
was not, and this impression was not corrected by the relatively inconspicuous 
statement on the label, " Composed eighty five percent vegetable oil fitteen [sic] 
percent imported Italian olive oil." Misbranding was alleged for the further 
reason that the article purported to be a foreign product when not so.
Oh January 28,1935, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be delivered to charitable 
' institutions.
M. L. WILSON, Acting Secretary of Agriculture.