24731. Misbranding of salad oil.    U. S. v. 3 Cartons, et al., of Salad Oil.    Decrees
of condemnation. Portion of product released under bond to be re- 
labeled. Remainder ordered relabeled and delivered to charitable or- 
ganizations. (F. & D. nos. 34395, 34669, 34670, 35037. Sample nos. 
17931-B, 21264-B, 21273-B.)
These cases involved two brands of salad oil, one consisting of a mixture 
of cottonseed oil and another oil similar to sunflower oil, with little or no 
olive oil present; and the other consisting principally of cottonseed oil with 
some olive oil present, both of which were labeled to convey the impression 
that the product was olive oil of foreign origin.
On November 19, 1934, the United States attorney for the Middle District 
of Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of five cartons of 
salad oil at Hazleton, Pa. On December 26, 1934, and January 8, 1935, libels 
were filed against 194 cans of salad oil at New Haven, Conn., and 25 cartons 
of salad oil at Hazelton, Pa. The libels charged that the article had been 
shipped in interstate commerce in various shipments between the dates of 
July 18 and October 25, 1934, by the Venice Importing Co., from Brooklyn, 
N. Y., and that it was misbranded in violation of the Food and Drugs Act. 
A portion of the article was labeled: "Olio Romahelle Brand * * * Venice 
Importing Co. New York Importers & Packers." The remainder was labeled 
in part: "Olio Soprafflno Belbo Brand   *   *   *   Packed By SB Balm, N. Y."
The Romanelle brand was alleged to be misbranded in that the following 
statements on the label, "Olio Marca Romanelle", "Ottanta Per Cento Olio 
Puro Vegetable Venti Per Cento Olio Di Oliva Puro Importato", "Attenzione 
La eccezionale ricchezza e I aroma superiore dell' Olio Romanelle non e' acci- 
dentale. Questo e' oil risultato Di una scientifica scelta nella preparazione 
degli olii. Per and la direzione ii questa compagnia ha fatto no studio 
accurate per ottenere un ottimo gusto in modo be ciascuno recipiente possa 
ricevere una perfezionata et esatta porzione Di vitamine e ii valore nutritivo 
in giusta proporzione. La quality e I aroma piuttosto he la quantity ii 
produzione son state sempre la mira ii questa compagnia", and "Venice Im- 
porting Co. New York Importers & Packers", 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, and this impression 
was not corrected by the subsidiary statement on the label, "Eighty Per Cent 
Pure Vegetable Oil Twenty Per Cent Pure Imported Olive Oil", in view of 
the marked prominence given to the word "Olio." Misbranding of the Belbo 
brand was alleged for the reason that the statements, "Olio Soprafflno 
Belbo * * * Questo Latta Oontiene Una Deliziosa Qualita Di Olio Per In- 
salata so Tavola E Per so Cucina", together with the design of the 
Italian coat of arms, were misleading and tended to deceive and mislead j 
the purchaser, since they created the impression that the article was Italian 
olive oil; whereas it was not. Misbranding was alleged with respect to 
both brands of the product for the further reason that it purported to be 
a, foreign product when not so.
On April 22, 1935, no claimant having appeared for the product seized at 
Hazleton, Pa., judgments of condemnation were entered and it was ordered 
that the product be emptied into properly labeled containers and delivered to 
charitable organizations. On September 17, 1935, claims having been entered 
for the property seized at New Haven, Conn., judgments of condemnation 
were entered and it was ordered that the product be released to the claim- 
ant under bond conditioned that it be relabeled.
W. B, GEEGG, Acting Secretary of Agriculture.