7127.   Adulteration   anil   Misbranding of   Olive   oil.     U.   S.    *    *    *    v.   Mario
Campolieti.     Plea  of guilty.     Fine, $5.     (F.  & D.  No.  9749.     I.  S.  No. 
18426-r.)
On July 22, 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 
Mario Campolieti, New York, N. Y., alleging shipment by said defendant, in 
violation of the Food and Drugs Act, as amended, on July 3, 1918, from the 
State of New York into the State of Florida, of a quantity of an article, labeled 
in part " Vergine First Pressing Cream Olive Oil * * * For Medicinal and 
Table Use," which was adulterated and misbranded.
Analysis of a sample of the article by the Bureau of Chemistry of this 
department showed the following results:
Specific gravity, 25? C./25" O 
0.9195
Index of refruition, 25? C 
1. 4712
lodin number . 
.   115. 0
Halphen test for cottonseed oil: Strongly positive.
The average net volume of 46 cans was 0, 87 quart.
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  large part  for  olive oil, which the article purported to
be. Adulteration of the article was alleged for the further reason that it was 
sold under and by a name recognized in the United States Pharmacopoeia, and 
differed from the standard of strength, quality, and purity as determined by the 
tests laid down in said Pharmacopoeia, official at the time of the investigation 
of the article, in that said Pharmacopoeia provides that olive oil is a fixed oil 
obtained from Olea Europoea, whereas said article was an oil obtained in large 
part from cotton seed, and in that said Pharmacopoeia provides that the specific 
gravity of olive oil shall be 0. 910 to 0. 915 at 25? C, whereas the specific grav- 
ity of the article was 0.9195 at 25? C, and in that said Pharmacopoeia provides 
that the ioclin number of olive oil shall not be more than 90, whereas said arti- 
cle showed an iodin number of 115. 0.
Misbranding of the article was alleged for the reason that the statements, 
to wit, " This Olive Oil is Guaranteed to be Absolutely Pure and is Made from 
the Finest Selected Olives Grown on the Italian Riviera. This Virgin Oil is 
Highly Recommended for Medicinal and Table Use. Vergine Questo Olio 
D'Oliva, Prodotto Delia Riviera Ligure, E Garantito Purissimo. E Insupera- 
bile Sia per Uso Medicinale che per Tavola. First Pressing Cream Olive Oil. 
One Quart Full Measure Guaranteed," 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 on the Italian Riviera, 
and that each of said cans contained 1 full quart 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 
product, to wit, an olive oil produced on the Italian Riviera, and that each of 
said cans contained 1 full quart 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 was not a foreign product, to wit, an olive oil produced on the Italian 
Riviera, 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 quart 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 produced in that it 
was a product produced in whole or in part in the United States of America, 
and was branded as produced on the Italian Riviera, and for the further reason 
that it was a mixture composed in large part of cottonseed oil 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 statements borne 
on the cans purported that the article was a foreign product, when not so. 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 July 30, 1919, the defendant entered a plea of guilty to the informa- 
tion, and the court imposed a fine of $5.
E. D. BALL, 
A^ing Secretary of Agriculture.