10678. Adulteration  and misbranding of edible  oil.     V.  S. v. 27 and 27  Cans
*    *    *.     (F. D. C. No. 17563.   Sample Nos. 7305-H, 7306-H, 7341-H, 7342-H.)
LIBEL FILED :    September 17, 1945, District of New Jersey.
consisted essentially of cottonseed oil with some corn oil and contained little 
or no sunflower oil, peanut oil, or olive oil. The "Pace O Mio to Brand" con- 
sisted essentially of peanut oil and contained little or no olive oil. Both prod- 
ucts were short-volume.
LABEL IN PART : "Net Contents One Gallon Figlia Mia Brand * * * Cot- 
tonseed, Sunflower, Corn, Peanut Oils, and Olive Oil Packed By Universal 
Salad Oil Co. Brooklyn, N. Y'.," or "One Gallon Net Pace O Mio to Brand 
Societa Italiana Commerciale Brooklyn, N. Y. Peanut Oil and Pure Olive 
Oil."
NATURE OF CHARGE: Adulteration, Section 402 (b) (2), cottonseed oil with some 
corn oil, in the "Figlia Mia Brand," and peanut oil, in the "Pace O Mio to 
Brand," had been substituted in whole or in part for articles of the composition 
declared on the labels.
Misbranding ("Figlia Mia Brand"), Section 403 (a), the name "Figlia Mia" 
coupled with a design on the label and the label statements "Guaranteed to 
Satisfy Italian Taste" and "The oil contained in this can is composed of choice 
domestic and olive oils" were misleading since they created the impression 
that the product, or a substantial proportion of it, consisted of olive oil; and, 
further, the label statement "Composed of Cottonseed, Sunflower, Corn, Peanut 
Oils, and Olive Oil" was false and misleading.
Further misbranding ("Pace O Mio to Brand"), Section 403 (a), the designs 
of an olive branch with olives and a peanut bush with peanuts on the main 
panel wherein the olives and the peanuts had approximately equal conspic- 
uousness were misleading in that they implied that peanut oil and olive oil 
were present in approximately equal proportions, and the label statements, 
"A Specialty! Guarantees excellent results in the Italian kitchen" and 
"Grade A Product," were misleading since they implied that the product was 
olive oil or contained a very substantial proportion of olive oil, which is the 
traditional oil used in Italian cookery; and, Section 403 (e) (2), (both 
brands) the products failed to bear labels containing an accurate statement of 
the quantity of the contents.
DISPOSITION : June 4, 1946. No claimant having appeared, judgment of con- 
demnation was entered and the products were ordered delivered to a charitable 
institution, conditioned that the labels be destroyed under the supervision of 
the Food and Drug Administration.