24232. Misbranding of salad oil.    17. S. v. 112 Cans and 45 Cans of Salad Oil.
Default decrees of condemnation.    Portion of product destroyed. 
Remainder delivered to charitable or relief organization.     (F. & D.
nos. 33632, 34236.    Sample nos. 6766-B, 17095-B.)
These cases involved a product consisting of domestic cottonseed oil which 
was labeled to convey the impression that it was olive oil.
On October 4 and November 1, 1934, the United States attorney for the 
District of New Jersey, acting upon reports by the Secretary of Agriculture, 
filed in the district court libels praying seizure and condemnation of 157 cans 
of salad oil in part at Newark, N. J., and in part at Elizabeth, N. J., alleging 
that the article had been shipped in interstate commerce on or about December 
1, 1933, and August 3, 1934, by the Frey & Horgan Corporation, from New 
York, N. Y., and charging misbranding in violation of the Food and Drugs 
Act. The article was labeled in part: " Nonna Mia Brand Pure Vegetable 
Salad Oil   *    *    *   Frey & Horgan Corp.   New York."
The article was alleged to be misbranded in that the statements on the labels, 
namely, "Nonna Mia Olio" and "Nonna Mia Brand Oil" with respect to a 
portion, and " Nonna Mia ", " Marca Nonna Mia Olio Insuperabile Per false, 
Insulata, Fritture, E Tutti Gli Usi Per' Tavola E Cucina ", with respect to the 
remainder, together with the green color of the panels of the can, were mis- 
leading and tended to deceive and mislead the purchaser since they created 
the impression that the article was Italian olive oil; whereas it was domestic 
cottonseed oil. Misbranding was alleged with respect to a portion of the 
article for the further reason that it purported to be a foreign product when 
not so.
On January 28 and February 6, 1935, no claimant having appeared, judgments 
of condemnation were entered. One lot was ordered destroyed and the re- 
maining lot was ordered delivered to a charitable or relief organization.
M. L. WILSON, Acting Secretary of Agriculture.