24286. Misbranding of  salad  oil.    IT.   S. v.  50  Cases,  et  al., of  Salad  Oil.
Decrees of condemnation. Portions of product released under 
bond to be repacked. Remainder delivered to charitable or- 
ganizations. (F. & D. nos. 34466, 34475 to 24478, incl., 34575, 34576, 
34577. Sample nos,. 17148-B, 21202-B, 21203-B, 21210-B, 21226-B, 21239-B, 
21258-B, 21259-B.)
These cases involved a product which was labeled to convey the impression 
that it was Italian olive oil, but which consisted essentially of cottonseed oil, or
sunflower oil, or an oil similar to sunflower oil.   Examination indicated, the 
presence of a small amount of olive oil in certain lots.
On or about December 3 and December 8, 1934, the United
' States attorney for 
the District of Connecticut, acting .upon reports by the Secretary of Agriculture, 
filed in the district court libels praying seizure and condemnation of 50 cases, 
77% cartons, and 55 cans of salad oil in various lots at Hartford, New Haven, 
and Meriden, Conn., alleging that the article had been shipped in interstate 
commerce between the dates of May 17 and November 22,1934, by the Strohmeyer 
& Arpe Co., from New York, N. Y., and charging misbranding in violation of 
the Food and Drugs Act. One lot was labeled: " San Rocco Brand * * * 
Strohmeyer & Arpe New York Distributors." The remaining lots were 
labeled: " Olio Caialuna Vera Blend [or " Olio San Rocco »] * * * United 
Pure Food Co. N. Y.   Distributors."
The article was alleged to be misbranded in that the following statements on 
the label, namely, " Olio Caialuna ", " Stella ", " Vera Blend ", and " Composto 
Di Quindici Per Cento Ohio Puro D Oliva E Di Ottanta Cinque Per Cento 
Ohio Vegetale," with respect to the Caialuna brand, and " Olio San Rocco", 
" Prodotto Genuino ", " Pure Vegetable Oil", and " Per insalata per clearer e 
per condire ", with respect to the San Rocco brand and,the picture of a shepherd 
in foreign garb on the label of the San Rocco brand were misleading and tended 
to deceive and mislead the purchaser since they created the impression that the 
product was Italian 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.
Strohmeyer & Arpe Co. filed claims and answers in all cases, with one excep- 
tion, admitting the allegations of the libels and consenting to the entry of 
decrees. On January 29, 1935, judgments of condemnation were entered and it 
was ordered that portions of the product for which claims had been entered be 
released under bond, conditioned "that it be repacked in properly labeled con- 
tainers. On February 19, 1935, no claim having been entered in the renlaining 
case, judgment of condemnation was entered and it was ordered that the product 
be delivered to charitable organizations.
M. L. WILSON, Acting Secretary of Agriculture.