29880. Alleged Misbranding of salad oil. TJ. S. v. 374% Cases of Salad Oil (and 
2 other seizure actions against the same product). Tried to the court. 
Judgment for claimant. Libels ordered dismissed. (F. & D. Nos. 33033. 
34203, 34204.    Sample Nos. 70411-A, 17081-B to 17084-B, inclusive.)
On July 2 and October 29, 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 374% cases, each 
containing 6 gallon cans of oil at Newark, N. J., 484 gallon cans and 22 half- 
gallon cans of oil at Plainfield, N. J., and 322 gallon cans and 130 half-gallon 
cans of oil at Elizabeth, N. J.; alleging that the article had been shipped in 
interstate commerce within the period from on or about May 22, 1934, to on or 
about September 12, 1934, by Van Camp Oil Products Co. from Louisville, Ky., 
to Newark, N. J., and that portions had been reshipped subsequently to Plain- 
field and Elizabeth, N. J.; and charging that the article was misbranded in 
violation of the Food and Drugs Act
The libels alleged that the article was misbranded in that the brand name 
"Contadina" (Italian for woman farmer), the words "Oil Superior Quality," 
the design of a woman in foreign garb presumably gathering olives from a tree, 
and the statement "Olio per tavola o cucina" appearing on the label, were mis- 
leading and tended to deceive and mislead the purchaser in that they created 
the impression that the article was imported olive oil; whereas it consisted of 
domestic cottonseed oil. It was alleged to be misbranded further in. that it 
purported to be a foreign product when not so.
The Van Camp Oil Products Co. and Durkee Famous Foods, Inc., intervening 
as manufacturers, and the consignees, intervening as owners and claimants, filed 
answers denying the misbranding charges and subsequently filed exceptions to 
the libels. On November 30, 1938, the Government having filed exceptions to 
the claimants' answers, the cases came on for hearing on the pleadings and 
proofs, and the following findings of fact and conclusions of law in favor of 
the respective claimants were made:
FAKE, District Judge. "It is conceded that the cans or containers marked 
Exhibits G-1, G—2, and G-3 are all used in the vending of cottonseed oil and 
not in the vending of olive oil.
"An examination of Exhibit G-1 discloses the following language on the fruit 
of the tin: Contadina Brand Oil Superior Quality Pure Vegetable Oil One 
Gallon'; and the like appears on the back of the can. On one side of the can 
the following words appear: 'Oil For Salads, Mayonnaise And Cooking.' On 
the other side, the following words appear: 'Olio per Tavola 0 Cucina,' which 
interpreted is 'Oil for table and cooking.' On the bottom of one of the sides 
appears: 'Van Camp Oil'Products Co., Louisville, Kentucky.'
"Exhibits G—2 contains on the fruit and back thereof the same words and 
picture as that shown on Exhibit G-1, except that at the bottom of the fruit 
and back of the tin the following words appear: 'Pure Refined Winter Pressed 
Cottonseed Oil.' The wording on the sides of this tin or container is the 
same as that shown on Exhibit G-1.
"Exhibit G-3 is not involved in the seizure but Is introduced in evidence for 
the purpose of showing that the respondent has changed its label. I do not 
believe it is material to the issue now before me, and that exhibit will there- 
fore be stricken out."   (Exhibit G-3 stricken out)
Mr. STANZIALE. "May I just call this fact to your Honor's attention, for the 
purpose of the record?"
THE COURT. "Yes."
Mr. STANZIALE. "It has no marking under the Italian words of 'Olio per 
Tavola o Cucina.'"
THE COURT. "I find the ultimate facts in favor of the respondent in that the 
salad oil in question is not represented by the label to be an olive oil, and 
nothing in the picture which is shown on each of the exhibits can possibly lead 
to the conclusion that olive oil is contained in the can.
"In arriving at this conclusion I am following the opinion of my colleague, 
Judge Forman, in 16 Federal Supplement 387 and the opinion of Judge Dick- 
inson sitting in the Eastern District of Pennsylvania in the case of the United 
States of America against 20 cases of salad oil."
CONCLUSIONS OF LAW
"The labels set forth and complained of in the libel are not in violation of 
the provisions of the Food and Drugs Act
"The libel will be dismissed."
On December 1, 1938, decrees were entered ordering the libels dismissed and 
the goods delivered to the claimants.
HABBT L. BROWN, Acting Secretary of Agriculture.