4240. Adulteration and misbranding of oil.   U. S. v. 142 Cartons of Oil.    Consent 
-    decree .of condemnation.    Product ordered released under bond for re- 
labeling:.    (F. D. C. No. 4931.   Sample No. 56675-E.)
On June 16, 1941, the United States attorney for the District of Connecticut 
filed a libel against 142 cartons, each containing 1 can, of oil at East Haven, Conn., 
alleging that the article had been shipped in interstate commerce within the 
period from on or about January 7 to on or about May 8,1941, by the Best Packing 
Co., Inc., from New York, N. Y.; and charging that it was adulterated and 
misbranded.
The article was alleged to be adulterated in that peanut oil artificially flavored 
and colored had been substituted wholly or in part for "Corn Oil Color & Flavor 
Added," which the article purported to be.
It was alleged to be misbranded (1) in that the statement on the cartons, "Corn 
Oil," was false and misleading as applied to peanut oil; (2) in that it was offered 
for sale under the name of another food, i, e., corn oil; (3) in that it was an 
imitation of olive oil, and its label failed to bear, in type of uniform size and 
prominence, the word "imitation" and, immediately thereafter, the name of the 
food imitated; (4) in that it.was in package form and (a) its immediate con- 
tainer (can) failed to bear the name and place of business of the manufacturer, 
packer, or distributor, and (b) the outside container (carton enclosing each can) 
failed to bear an accurate statement of the quantity of the contents; (5) in that 
its immediate container (can) failed to bear the common or usual name of the 
food; (6) and in that it contained artiflcial flavoring and artificial coloring and 
the immediate container did not bear labeling stating that fact.
On January 25, 1943, the Best Packing Co., claimant, having admitted the alle- 
gations of the libel and having consented to the entry of a decree, judgment of 
condemnation was entered and the product was ordered released under bond for 
relabeling under the supervision of the Food and Drug Administration.