6612. Adulteration and misbranding1 of olive oil. U. S. * * * v. Niclcitas?
P. Economou and Nicholas Theodos (N. P. Economou & Tlieoilos).?
Pleas of guilty.    Fine, $30.     (F. & D. No. S501.     I. S. No. 13653-r.)
On March 21, 1919, 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 an information against?
Nickitas P. Economou and Nicholas Theodos, copartners, trading as N. P.?
Economou & Theodos, New York, N. Y., alleging shipment by said defendants,?
in violation of the Food and Drugs Act as amended, on July 5, 1918, from the?
State of New York into the State of New Jersey, of a quantity of an article?
labeled, " Full Gallon Frate Del Bosco Lucca Brand Toscana-Italia Extra?
Fine Olive Oil, Guaranteed Absolutely Pure," which was adulterated and?
misbranded.
Analysis of a sample of the article by the Bureau of Chemistry of this?
department showed the following results:
Net. weight   (grams)?
3331.5
Net volume   (cc.)?
3627
Shortage   (per cent)?
       4.2
Specific gravity at 20?/20? C?
2??. 91ST
Iodin  number?
    110. 7
Refractive index at 15.6? C?
       1.4743
Halpen test: Positive.
Examination shows product to consist almost entirely of cot??
tonseed oil.    Cans are also short volume.
Adulteration of the article was alleged in the information for the reasor?
that a substance, to wit, cottonseed oil, had been mixed and packed therewith?
so as to lower and reduce and injuriously affect its quality and strength, and?
had been substituted in part for pure olive oil, which the article purported?
to Jbe.
Misbranding of the article was alleged for the reason that the statements, to?
wit, "Full Gallon," "Frate Del Bosco," "Lucca Brand Toscana-Italia,"?
" Extra Fine," " Olive Oil," " Guaranteed Absolutely Pure," borne on the cans?
containing the article, regarding it and the ingredients and substances con??
tained therein, were false and misleading in that they represented that the?
article was pure olive oil, that it was a foreign product, to wit, an olive oil?
produced in Lucca, in the province of Tuscany, in the kingdom of Italy, and?
that each of said cans contained 1 full gallon of the article; and for the fur??
ther reason that it was labeled as aforesaid so as to deceive and mislead the?
purchaser into the belief that it was pure olive oil, that it was a foreign?
product, to wit, an olive oil produced in Lucca, in the province of Tuscany,?
in the kingdom of Italy, and that each of said cans contained 1 full gallon of?
the article, whereas, in truth and in fact, it was not pure Olive oil, but was?
a mixture composed in part of cottonseed oil, and was not a foreign product,?
tc wit, an olive oil produced in Lucca, in the province of Tuscany, in the?
kingdom of Italy, but was a domestic product, to wit, a product produced?
in the United States of America, and each of said- cans did not contain 1?
full gallon of the article, but contained a less amount; and for the further?
reason that it was falsely branded as to the country in which it was manu??
factured and produced, in that it was a product manufactured and produced in?
whole or in part in the United States of America, and was branded as manu??
factured and produced in the kingdom of Italy; and for the further reason?
that it was a mixture composed in part of cottonseed oil prepared in imitation
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BUKEATJ   OF   CHEMISTBY.	
[Supplement 63.
of olive oil, and was sold under the distinctive name of another article, to?
wit, olive oil; and for the further reason that the article by the statements on?
the label purported to be a foreign product when not so. Misbranding of the?
article was alleged for the further reason that it was food in package form,?
and the quantity of the contents was not plainly and conspicuously marked?
on the outside of the package.
On April 2, 1919, the defendants entered pleas of guilty 1o the information,?
and the court imposed a fine of $30.
C. F. MABVTN, Acting Secretary of Agriculture.
N. J. G601-GG50.]   SERVICE   AND  REGULATORY ANNOUNCEMENTS.	133