24415. Misbranding of  salad  oil.     U.   S.  v.  25  Cans  of  Salad  Oil.    Default
decree of condemnation.    Product delivered to charitable organi- 
zation.     (P. & D. no. 34581.    Sample no. 21268-B.)
This case involved a product consisting of cottonseed oil and a small amount 
of olive oil which was labeled to convey the impression that it was Italian 
olive oil.
On or about December 21, 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 25 cans of salad 
oil at New Haven, Conn., alleging that the article had been shipped in inter- 
state commerce on or about November 17, 1934, by Pietro Esposito & Bro., Inc., 
from New York, N. Y., and charging misbranding in violation of the Food and 
Drugs Act. The article was labeled in part: "Fine Oil La Gloriosa Brand 
*   *   *   La Gloriosa Packing Co. P. E. & B. Inc. N. Y."
The article was alleged to be misbranded in that the following statements and 
designs appearing on the can label were misleading and tended to deceive and 
mislead the purchaser, since they created the impression that the article was 
Italian olive oil, whereas it consisted essentially of domestic cottonseed oil: 
"La Gloriosa", "Olio Finissimo * * * Premiato All' Esposizione Di Roma 
1924 Italia", "Duro e delizioso olio composto dell' ottanta cinque per cento hi 
scelto olio vegetable e quindici per cento hi olio d Oliva Di Lucca", and "Garen- 
tisce il miglior risultato per tavola e cucina Italiana. Altamente raccomandato 
per fruitura, insalata e false all' Italian [designs of a crown, olive branches 
arid medal carrying the Italian national colors]."    Misbranding was alleged 
for the further reason that the statement on the label, "Pure And Delicious Oil 
Composed of Eighty Five Percent Choice Salad Oil and Fifteen Percent Lucca 
Olive Oil", was misleading and tended to deceive and mislead the purchaser 
because of the undue prominence given to the words "Lucca Olive Oil" (which 
legend also had the same prominence in this statement appearing in the Italian 
language); and also because the term "Salad Oil", which includes olive oil, 
did not sufficiently inform the purchaser of the presence of cottonseed oil. 
Misbranding was alleged for the further reason that the article purported to 
be a foreign product when not so.
On March 11, 1935, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be delivered to a charitable 
organization.
M. L. WILSON, Acting Secretary of Agriculture.