24441. Misbranding of salad oil.    U. S. v. 17 Cans, et al., of Salad Oil.   Decrees
of condemnation. Portion of product destroyed. Remainder released 
under bond to be relabeled. (F. & D. nos. 35004, 35005, 35006. Sample 
nos. 4530-B, 4531-B, 4532-B.)
These cases involved a product consisting principally of cottonseed oil which 
was labeled to convey the impression that it was Italian olive oil. The label 
failed to bear a plain and conspicuous statement of the quantity of the contents.
On January 25, 1935, the United States attorney for the District of Colum- 
bia, acting upon a report by the Secretary of Agriculture, filed in the Supreme 
Court of the District of Columbia, holding a district court, libels praying seizure 
and condemnation of 108 gallon cans of salad oil at Washington, D. O.   The
libels charged that a portion of the article had been shipped on or about Septem- 
ber 5, 1934, from Trenton, N. J., into the District of Columbia by the Italian 
Food Products Corporation of America; that the remainder was being offered 
for sale and sold in the District of Columbia in possession of Caruso, Inc., and 
Niosi & Co., of Washington, D. C.; and that it was misbranded in violation 
of the Food and Drugs Act as amended. The article was labeled in part: 
"Olio Doppia Stella * * * Packed by Italian Food Products Corp. of 
America   Trenton, U. S. A.   Palermo, Italy."
The article was alleged to be misbranded in that the following statements on 
the labels "Olio Doppia Stella La Doppia Stella * * * Olio Da Tavola E 
Per so Cucina Extra Puro Qualita Insuperabile", "Double Star Brand is the 
highest grade of oil combining all * * * qualities of olive oil * * * 
Packed by Italian Food Products Corp. of America * * * Palermo, Italy", 
and "La Doppia Stella * * * E' it migliore Olio Esistente Che Piu S'Avvicina 
Alle Caratteristi Che Fisiche E Nu Trienti Dell' Olio Delia, Impaccato E 
Confezionato Sotto Le Migliori Condizioni Igieniche", were misleading and 
tended to deceive and mislead the purchaser since they created the impression 
that the article was imported Italian olive oil; whereas it was domestic cot- 
tonseed oil containing little or no olive oil, and this impression was not cor- 
rected by the statement at the bottom of the main panels, "A Blend Finest 
Vegetable Oil With Pure Olive Oil", since the term "Vegetable Oil" may include 
olive oil. Misbranding was alleged for the further reason that the article 
purported to be a foreign product when not so. 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, "Contents 1 Gallon More or Less", was not in 
proper form.
On March 11, 1935, the Italian Food Products Corporation of America, Inc., 
having appeared as claimant for 83 cans of the product, judgment of condemna- 
tion was entered and it was ordered that the said 83 cans be released to the 
claimant under bond, conditioned that it be relabeled under the supervision of 
this Department. On March 12, 1935, no claimant having appeared for the 
remaining lots, judgments of condemnation were entered and it was ordered 
that they be disposed of in such manner as would not violate the Federal Food 
and Drugs Act. The unclaimed lots were destroyed by the United States 
marshal.
M. L. WILSON, Acting Secretary of Agriculture.