11482. Adulteration of mayonnaise.    U. S. v. 115 Cases    *    *    *.    (F.~D. C. No.
19437.   Sample Nos. 1176-H, 1177-H.)
LIBEL FILED :   March 16,1946, Western District of North Carolina.
ALLEGED SHIPMENT :   On or about January 25 and February 7,1946, by James B.
Harris, from Columbia, S. C 
PRODUCT:   115 cases, each containing 12   1-quart jars, of mayonnaise at States-
vme, N. C.
Caldwell's Cafeteria, Columbia, S. C. Distributed by Dixie Produce Co., Colum- 
bia, S. C.    *   *    *   Made With Mineral Oil."
NATURE OF CHARGE : Adulteration, Section 402 (a) (1), the 29-case-lot contained 
65 percent, and the 86-case-lot contained 55 percent, of added mineral oil, a 
deleterious substance, which may have rendered the product injurious to health; 
and, Section 402 (b) (2), mineral oil had been substituted in whole or in part 
for edible oil, a normal constituent of mayonnaise.
DISPOSITION ;• On April 6,1946, Fraley's Food Fair, Statesville, N. C, claimant, 
filed an answer admitting the presence of mineral oil, but denying the adultera- 
tion charge, and denying specifically that mineral oil is a deleterious substance, 
and denying further that vegetable oil is the only normal constituent of mayon- 
naise. Subsequently, counsel for the Government and the claimant entered into 
a stipulation, waiving trial by jury and agreeing that the only question that 
would be tried would be "Is mineral oil, when contained in mayonnaise in the 
proportions set forth in the libel, a deleterious substance which may render the 
mayonnaise injurious to health?"
On July 10,1946, the case came on for trial before the court on the pleading, 
stipulation of facts, and affidavits filed on behalf of the Government and claim- 
ant. The court, after hearing the evidence, found the product adulterated as 
charged, condemned the product, and ordered it destroyed.