16544. Adulteration and misbranding of oil. U. S. v. 5 Cases   *    *    *.    (F. D. C.
No. 28718.    Sample No. 57230-K.)
LIBEL FILED :   February 23,1950, Southern District of New York.
ALLEGED SHIPMENT: On or about August 29, 1949, by John Minervini, from 
Hoboken, N. J.
PRODUCT:   5 cases, each containing 6   1-gallon cans, of oil at New York, N. Y.
LABEL IN PART: (Can) "Contents One Gallon Net Fabiola Brand 90% Peanut 
Oil 10% Pure Imported Olive Oil Packed by Fabiola Food Products Ho- 
boken, N. J."
NATURE OF CHARGE: Adulteration, Section 402 (b) (2), an oil the nature of 
soya oil had been substituted for peanut oil.
Misbranding, Section 403 (a), the label statement "90% Peanut Oil" was 
false and misleading; and, Section 403 (k), the article contained artificial 
flavoring and failed to bear labeling stating that fact.
DISPOSITION: June 9, 1950. Default decree of condemnation. The court or- 
dered that the product be delivered to a charitable institution for consumption, 
and not for sale.