29877. Misbranding of olive oil.    U.  S. v. 28 Cans of, Alleged Olive Oil  (and 2
other seizure actions). Default decrees of condemnation and destruc- 
tion. (F. & D. Nos. 32599, 32600, 32601. Sample Nos. 69722-A, 69723-A, 
69724-A.)
This product was labeled to convey the impression that it was Italian olive 
oil, but consisted of domestic peanut oil.
On April 26, 1934, the United States attorney for the District of New Jersey, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
libels praying seizure and condemnation of 145 cans of oil at Newark, N. J., 
and 26 cans of oil at Jersey City, N. J.; alleging that the article had been 
shipped in interstate commerce on or about March 24 and 26, 1934, by Planters 
Edible Oil Co. from Brooklyn, N. Y.; and charging misbranding in violation of 
the Food and Drugs Act.
The article was alleged to be misbranded in that the statements and designs 
appearing on the label of the product, namely, "Ali Aralia Olio Vegetale 
SopraflSno Garantito Purissimo per Cucina e Tavola," and picture of airplanes 
in the Italian flying armada of Balbo, a map showing the route of this expedi- 
tion, and the Italian colors—red, white, and green—in bars in a band around 
the bottom of the can, 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 exclusively of peanut oil of domestic origin; and in 
that it purported to be a foreign product when not so.
On October 29, 1934, the Planters Edible Oil Co. filed an answer denying the 
misbranding charge. On December 15, 1938, the cases having been set for trial 
and no person having appeared or interposed at that time, judgments of con- 
demnation were entered and the product was ordered destroyed.
HAEET L. BROWN, Acting Secretary of Agriculture.