12216. Misbranding of salad oil.     TJ.  S. v. 49 Cases and 83 Cases  of  Salad
Oil. Consent decrees of condemnation and forfeiture. Product 
released under hond. (F. & D. No. 18384. I. S. Nos. 15979-v, 15980-v. 
S. No. S>-4732.)
On February 13, 1924, the United States attorney for the Southern District 
of New York, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying the seizure 
and condemnation of 49 cases, each containing 10 1-gallon cans, and 83 cases, 
each containing 1 5-gallon can of salad oil, at New York, N. Y., alleging that 
the article had been shipped by the Portsmouth Cotton Oil & Refining Co. 
[Portsmouth Cotton Oil Refining Corp.], from Portsmouth, Va., on or about 
January 21, 1924, and transported from the State of Virginia into the State of 
New York, and charging misbranding in violation of the food and drugs act, as 
amended.    The article was labeled in part:  (Can)  "One Gallon" (or "Five
Gallons")  "Magnolia Brand Pure Salad Oil   *    *    *   R. C. Williams & Co. 
Distributors   New York."
Examination of the article by the Bureau of Chemistry of this department 
showed that the said cans contained less than the quantities declared on the 
respective labels.
Misbranding was .alleged in the libel for the reason that the statements 
" One Gallon " and " Five Gallons," appearing on the labels of the respective- 
sized cans, were false and misleading and deceived the purchaser. 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 packages.
On March 15, 1924, R. C. Williams & Co., Inc., New York, N. Y., claimant, 
liaving admitted the allegations of the libel and consented to the entry of a 
decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the said claimant upon 
payment of the costs of the proceedings and the execution of a bond in the sum 
of $1,500, in conformity with section 10 of the act, conditioned in part that it 
be emptied into barrels and the cans mutilated or destroyed, under the super- 
vision of this department.
HOWABD M. GOEE, Acting Secretary of Agriculture.