25426. Misbranding of  salad oil.     U.   S. v. Import Oil Corporation and John
Esposito. Pleas of s?guilty. Corporation fined $400 on two counts. 
Remaining; fines remitted. (F. & D. no. 33912. Sample nos. 52145-A, 
5^148-A, 52149-A, 67449-A, 67450-A.)
This case involved a product consisting essentially of cottonseed oil which was 
labeled to convey the impression that it was imported olive oil.
On March 5, 1935, the United States attorney for the Southern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the Import Oil Corporation and John 
Esposito, New York, N. Y., alleging shipment by said defendants in violation 
of the Food and Drugs Act on or about November 6, 1933, and January 22, 1934, 
from the State of New York into the State of New Jersey, and on or about 
November 18, 1933, from the State of New York into the State of Connecticut 
of quantities of salad oil which was misbranded. The article was labeled in 
part: "Samaritana Brand Oil" [or "Cardinale Brand Oil"] * * * Packed 
by Import Oil Corp."
The article was alleged to be misbranded in that the statements in large, 
conspicuous type, "Samaritana * * * Oil * * * Lucca * * * Im- 
port Oil", the word "Tipo" preceding the word "Lucca", together with prominent 
designs showing crowns, shields, olive branches bearing olives, olive trees and 
a woman bearing away a vase, and design of medals, with respect to the 
Samaritana brand, and the following statement in large conspicuous type, 
"Cardinale * * * Oil * * * Lucca * * * Import Oil", and the word 
"Tipo" preceding the word "Lucca", together with prominent designs showing 
Roman cardinal, shields, olive branches bearing olives, Roman cardinal's hat 
and replica of medals, with respect to the Cardinale brand, borne on the labels, 
were false and misleading, and for the further reason that the article was 
labeled so as to deceive and mislead the purchaser in that the said statements 
and designs represented that it consisted solely of olive oil, that it was a 
Lucca-type oil produced in Italy, and that it was imported from Italy; whereas 
it was not as so represented, but was a domestic product consisting almost 
entirely of cottonseed oil, and the false and misleading statements and designs 
were not corrected by the inconspicuous statement "Vegetable Oil" on the label 
of the Samaritana brand, and "High Grade Vegetable Oil with Flavor", on the 
label of the Cardinale brand, since olive oil is a vegetable oil.
On April 12, 1935, the defendants entered pleas of guilty and the corporation 
was fined $200 on each of two counts of the information. A fine of $1 was 
imposed against the corporation on the third count, which was remitted; and 
a fine of $1 on each of the three counts imposed against John Esposito also 
was remitted.
M. L. WILSON, Acting Secretary of Agriculture.