24263. Misbranding of  salad  oil.    IT.   S.  v.  33  Cans  and 23  Cans  of  Salad 
Oil.    Default  decrees of condemnation and  destruction.     (F. & D.
nos. 34216, 34217.    Sample nos. 17612-B, 17613-B.)
These cases involved a product consisting essentially, if not entirely, of 
cottonseed oil which was artificially colored and flavored to simulate the color 
and flavor of olive oil, and which was labeled to convey the impression that 
it was imported olive oil.
On October 30, 1934, the United States attorney for the District of New 
Jersey, acting upon reports by the Secretary of Agriculture, filed in the dis- 
trict court libels praying seizure and condemnation of 56 cans of salad oil 
at Newark, N. J., alleging that the article had been shipped in interstate 
commerce, in part on or about March 20, 1934, and in part on or about Sep- 
tember 12, 1934, by the Korbro Oil Corporation, from Brooklyn, N. Y., and 
charging misbranding in violation of the Food and Drugs Act. The article 
was labeled in part: " Paradise Brand Superior Quality Oil * * * Korbro 
Oil Corp. Brooklyn, N. Y."
The article was alleged to be misbranded in that the statement, " Paradiso 
Qualita Superiore Olio", together with the design of olive branches bearing 
leaves and flowers, and the design of the shield of Italy appearing on the 
label, were misleading and tended to deceive and mislead the purchaser, since 
they created the impression that the article was imported olive oil; whereas 
it was not Misbranding was alleged for the further reason that the article 
purported to be a foreign product when not so, and for the further reason that 
it was an imitation of another article and was not labeled with the word 
" Imitation."
On January 28 and May 17, 1935, no claimant having appeared, judgments 
of condemnation were entered and it was ordered that the product be 
destroyed.
M. L. WILSON, Acting Secretary of Agriculture.