4241. Misbranding of oil.   U. S. v. 299 Cans and 149 Cans of Oil.   Consent decrees
of condemnation.    Product Ordered released under bond to be repacked.
¦¦¦;¦:       (F. D. C. No. 8362, 8363.   Sample Nos. 4728-F, 4729-F.)
This product consisted essentially of an oil or oils other than olive oil and 
contained little, if any, olive oil.   It was short of the declared volume.
On September 16, 1942, the United States attorney for the Southern District 
of Ohio filed a libel against 448 cans of oil at Cincinnati, Ohio, which had been 
consigned on or about July 28, 1942, alleging that the article had been shipped 
in interstate commerce by the Western Food Corporation, from Chicago, Ill.; 
and charging that it was misbranded. The article was labeled in part: "Liguria 
Superfine Brand Olive Oil."
It was alleged to be misbranded (1). in that the prominent word "Liguria," 
which is the name of an Italian province, the prominent statement "Italian 
Lucca Olive Oil," and the design of medals borne on the label were false and 
misleading since they created the impression that the article was a foreign 
product; (2) in that the statement "One Gallon" was false and misleading since 
the article was short volume; (3) in that it was in package form and its label 
failed to bear an accurate statement of the quantity of the contents; (4) in 
that the label contained representations in a foreign language (Italian) and 
the statement of the quantity of the contents and the common or usual name 
of each ingredient, which are required by the act to appear on the label did 
not appear thereon in the foreign language; and (5) in that it was fabricated 
from two or more ingredients and its label failed to bear the common or usual 
name of each such ingredient. .
On October 26, 1942, the Western Food Corporation having appeared as 
claimant, judgments of condemnation were entered and the product was ordered 
released under bond conditioned that it be repacked under the supervision of the 
Food and Drug Administration.
VITAMIN PREPARATIONS