6941. Adulteration and misbranding of olive oil. TJ. S. * * * v. Niekitas?
P. Economou and Nicholas Theodos (W. P. Economou & Theodps).?
Pleas of g-nilty.    Fine, $30.     (F. & D. No. 9435.    I.  S. No. 13711-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?
Niekitas P. Economou and Nicholas Theodos, copartners, trading as N. P.?
Economou & Theo-dos, New York, N. Y., alleging shipment by said defendants,?
in violation of the Food and Drugs Act, as amended, on July 6, 1918, from the?
State of New York into the State of Connecticut, of a quantity of an article,?
labeled in part " Olio Puro D'Oliva Lucca Tipo Italy," which was adulterated?
and misbranded.
Analyses of samples 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, " Olio Puro D'Oliva Lucca Italy," " Net Contents Full Gallon," " Garantito?
Produzione Propria," borne on the cans containing the article, regarding it and?
the ingredients and substances contained 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 kingdom of Italy, and?
that each of said cans contained 1 full gallon net of the article, 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 prod-?
act, to Avit, an olive oil produced in Lucca, in the kingdom of Italy, and that each?
of said cans contained 1 full 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 cotton??
seed oil, and was not a foreign product, to wit, an olive oil produced in Lucca,?
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 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 Lucca, in the kingdom of Italy; and for the further reason that it?
was a mixture composed in part of cottonseed cil prepared in imitation 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?
aforesaid, 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 to the information,?
and the court imposed a fine of $30.
C. F. MARVIN, Acting Secretary of Agriculture.
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