2966. Misbranding of oleomargarine.    V. S. v. 16 Cases of Oleomargarine.    De¬
fault decree of condemnation. Product ordered distributed to local 
charitable institutions.     (F. D. C. No. 6080.    Sample No. 58066-E.)
This product contained less than 80 percent of fat; its label failed to designate 
the optional fat ingredients; and the name and place of business of the manu- 
facturer did not appear on the principal panels.
On October 27, 1941, the United States attorney for the District of Columbia 
filed a libel against 16 cases, each containing 30 cartons, of oleomargarine at 
Washington, D. C, alleging that the article was in interstate commerce in the 
District of Columbia and in possession of Giant Food Shopping Center; and 
charging that it was misbranded. It was labeled in part: "Southern Belle First 
Grade Oleomargarine One Pound Net. * * * J. H. Filbert Inc. Baltimore, 
Maryland."
The libel charged that the article was misbranded: (1) In that the state- 
ments "First Grade Oleomargarine * ¦ * * Conforms to all the pure foods 
laws," appearing in the labeling, were false and misleading since it contained 
less than 80 percent of fat. (2) In that the name and place of business of the 
manufacturer, packer, or distributor, required by law to appear on the label 
or labeling, were not prominently placed thereon with such conspicuousness (as 
compared with other words, statements, designs, or devices in the labeling) as 
to render them likely to be read by the ordinary individual under customary 
conditions of purchase and the. (3) In that it purported to be a food for which 
a definition and standard of identity had been prescribed by regulations as 
provided by law, but it failed to conform to such definition and standard (a) in 
that it contained less than 80 percent of fat, and (b) in that its label failed to 
bear the statement of optional fat ingredients present.
On November 14, 1941, no claimant having appeared, judgment of condemna- 
tion was entered .and the product was ordered distributed to local charitable 
institutions.
CANDY