24583. Misbranding of salad oil.     V. S. v. 36 Cases of Salad Oil.     Default de¬
cree of condemnation and destruction. (F. & D. no. 34429. Sample no, 
14870-B.) 
V
This case involved salad oil consisting chiefly of corn oil and a small amount 
of cottonseed oil, which was labeled to convey the impression that it was im- 
ported Italian olive oil.
On November 23, 1934, the United States attorney for the Western District 
of Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 36 cases of salad 
oil at Pittsburgh, Pa., alleging that the article had been shipped in interstate 
commerce on or about September 20, 1934, by Carmelo Aulino, from Akron, 
Ohio, and charging misbranding in violation of the Food and Drugs Act. The 
article was labeled in part: "Finest Quality table oil Tipo Termini Imerese 
*   *   *   Packed by C. Aulino Packing Company, Akron, Ohio."
The article was alleged to be misbranded in that the prominent statement 
"Finest Quality Table Oil", and the Italian phrase "Tipo Termini Imerese", 
together with a design of a foreign scene depicting people gathering olives, 
appearing on the label, were misleading and tended to deceive and mislead the 
purchaser, since they created the impression that the article was Italian olive 
oil; whereas it was not. Misbranding was alleged for the further reason that 
the statement "Vegetable Oil", borne on the label, was misleading and tended 
to deceive and mislead the purchaser, since the term may include olive oil, and 
for the further reason that the article purported to be a foreign product when 
not so.
On April 5, 1935, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be destroyed.
W. R. GBEGG, Acting Secretary of Agriculture.