6040.  Adulteration and misbranding- of olive oil.    U. S.   *    *   *    v. IVicIcitas
P. Bconomou and Nicholas Theodos  (N. P. Eeonomou and Theodos).?
Pleas of guilty.     Fine, $30.     (F. & D. No. 9434.    I. S. No. 13712-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 19, 1918, from?
the State of New York into the State of Pennsylvania, of a quantity of an?
article, labeled in part " Finest Quality Olive Oil Extra Pure," which was adul??
terated and misbranded.
Analysis of a sample of the article by the Bureau of Chemistry of this de??
partment showed it to consist of cottonseed oil and to be short measure.
Adulteration of the article was alleged in the information for the reason?
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 be.
Misbranding of the article was alleged for the reason that the statements,?
to wit, " Finest Quality Olive Oil Extra Pure," "Termini Imerese Sicilia-Italia,"?
" Guaranteed Absolutely Pure," and " \ Gallon Net," borne on the cans contain??
ing the article, regarding it and the ingredients and substances contained there??
in, were false and misleading in that they represented that the article was pure?
olive oil and that it was a foreign product, to wit, an olive oil produced in?
Sicily, in the kingdom of Italy, and for the further 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 Sicily, in the kingdom of Italy, and that each of said cans contained i?
gallon net 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 Avas not a foreign?
product, to wit, an olive oil produced in Sicily, 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 i gallon net 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 manufactured 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 manufactured and produced in Sicily, in the?
kingdom of Italy; and for the further reason that it was a mixture composed?
in part of cottonseed oil prepared in imitation of olive oil, and was offered for?
sale and sold under the distinctive name of another article, to wit, olive oil;?
and for the further reason that the statements, to wit, " Finest Quality Olive-?
Oil Extra Pure," " Termini Imerese Sicilia-Italia," " Guaranteed Absolutely?
Pure," borne on the cans, purported that the article was a foreign product,?
whereas, in truth and in fact, it was not, but was a domestic product. Mis??
branding 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 con??
spicuously marked on the outside of the package.
On April 2, 1919", the defendants entered pleas of guilty to the information,?
and the court imposed a fine of $30.
C. F. MARVIN, Acting Secretary of Agriculture.
N. J. G901-6950]       SERVICE AND REGULATORY ANNOUNCEMENTS,        417