24245. Misbranding of salad oil. U. S. v. C. F. Simonln's Sons, Inc. Plea 
of  nolo  contendere.    Judgment  of  guilty.    Sentence   suspended.
(F. & D. no. 33856.    Sample no. 52130-A.)
This case was based on interstate shipments of salad oil which was short 
volume.
On November 21, 1934, the United States attorney for the Eastern District 
of Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court an information against C. F. Simonin's Sons, Inc., trading at 
Philadelphia, Pa., alleging shipment by said company in violation of the Food 
and Drugs Act as amended, on or about November 14, 1933, from the State of 
Pennsylvania into the State of New Jersey, of a quantity of salad oil that 
was misbranded. The article was labeled in part: " Olio Cameo Brand * * * 
Contents One Gallon."
The article was alleged to be misbranded in that the statement, " Contents 
One Gallon", borne on the can label, was false and misleading, and for the
further reason that it was labeled so as to deceive and mislead the purchaser, 
since each of a large number of the cans examined contained less than 1 gallon 
of the article. Misbranding was alleged for the further reason that the article 
was food in package form and the quantity of the contents was not plainly and 
conspicuously marked on the outside of the package, since the statement made 
was incorrect.
On January 29,1935, a plea of nolo contendere was entered and the defendant 
was found guilty. Sentence was suspended and the defendant was placed on 
30 days' probation.
M. L. WILSON, Acting Secretary of Agriculture.