22437. Misbranding of salad oil. IT. S. v. 22 Cans of Salad Oil. Default 
decree of condemnation. Product delivered to charitable organi- 
zations.     (F. & D. no. 32424.    Sample no. ©7425-A.)
This case involved a product that consisted largely of domestic cottonseed 
oil, but which was labeled to convey the impression that it was imported 
olive oil.
On March 27, 1934, the United States attorney for the District of Connecticut, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and' condemnation of 22 cans of salad oil at Stafford 
Springs, Conn., alleging that the article had been shipped in interstate com- 
merce, on or about January 25, 1934, by P. Esposito & Bros., from New York, 
N. Y., and charging misbranding in violation of the Food and Drugs Act The 
article was labeled in part: " La Gloriosa Brand * * * La Gloriosa Pack- 
ing Co., P. E. & B. Inc. N. Y."
It was alleged in the libel that the article was misbranded in that the state- 
ments, " La Gloriosa Brand ", " Prize Awarded at Exhibition of Rome 1924 ", 
" Italy", and " Olio Finissimo", together with the designs of a crown, olive 
branches, and medal carrying the Italian national colors, appearing on the 
label, and the prominence given to the words " Lucca Olive Oil", in the state- 
ment on the label, " Pure and Delicious Oil Composed of Eighty Five Percent
Choice Salad Oil and Fifteen Percent Lucca Olive Oil", were misleading and 
deceived and misled the purchaser, in that they created the impression that 
the article was Italian olive oil, whereas it consisted largely of domestic cot- 
tonseed oil packed' in the United States. Misbranding was alleged for the 
further reason that the article purported to be a foreign product when not so. 
On May 28, 1934, no claimant having appeared for the property, judgment 
of condemnation was entered and the court ordered that the United States 
marshal deliver the product to charitable organizations and destroy the con- 
tainers.
M. L. WILSON, Acting Secretary of Agriculture.