7754. Adulteration and misbranding of olive oil.    V. S.   *    *    *   v. Nickitas
P. Economou and Nicholas Tlieodos (N. P. Economou & Theodos). 
Plea of guilty. Fine, $60. (F. & D. No. 12299. I. S. Nos. 13585-r, 
13586-r.)
On April 30, 1920, 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, co-partners, 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 April 24, 1919, from 
the State of New York into the State of Pennsylvania, of quantities of so-called 
olive oil which was adulterated and misbranded. One of the brands was 
labeled, " Finest Quality Table Oil Insuperabile" (device of olive tree with na- 
tives gathering olives) "Termini Imerese Type Net Contents One Gallon Cotton- 
seed Oil Slightly Flavored with Olive Oil," and the other brand was labeled, "Net
Contents Full J Gallon Olio Sopraffino Qualita Superiore Olio Finissimo Cotton 
Seed and Olive Oil a Compound Tripolitania Brand."
Analyses of samples of the article by the Bureau of Chemistry of this depart- 
ment showed that it consisted essentially of cottonseed oil and that the cans 
were short volume.
Adulteration of the article was alleged in substance in the information for 
the reason that a substance, to wit, cottonseed oil, had been mixed and packed 
with the article so as to lower and reduce and injuriously affect its quality, 
and had been substituted in part for olive oil, which the article purported to be.
Misbranding of the Termini Imerese Type brand was alleged for the reason 
that the statements, to wit, " Finest Quality Table Oil Insuperabile Termini 
Imerese Type" and "Net Contents One Gallon," together with the design and 
device of an olive tree and natives gathering olives, not corrected by the state- 
ment in inconspicuous type, in an inconspicuous place, " Cottonseed oil slightly, 
flavored with olive oil," borne on the cans containing the article, regarding it 
and the ingredients and substances contained therein, were false and mislead- 
ing, in that they represented that the article was olive oil, and that each of 
said cans contained 1 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 olive oil, and that each of said cans contained 1 gallon net 
of the article, whereas, in truth and in fact, said article was not olive oil, but 
was a
' mixture composed in large part of cottonseed oil, and each of said cans 
did not contain 1 gallon net of the article, but did contain a less amount.
Misbranding of the Tripolitania brand was alleged for the reason that the 
statement, to wit, " Olio Sopraffino Qualita Superiore Olio Finissimo Olive Oil 
* * * Tripolitania Brand," in prominent type, together with designs and de- 
vices of Italian flags, shields, crowns, and medals, not corrected by the state- 
ments in inconspicuous type " Cotton seed * * *" and * * * a Com- 
pound * * * ," and the statement, to wit, "Net Contents full J Gallon," borne 
on the cans containing the article, regarding it and the ingredients and sub- 
stances contained therein, were false and misleading in that they represented 
that the article was olive oil, that it was a foreign product, to wit, an olive oil 
produced in the kingdom of Italy, and that each of said cans contained 1 full half- 
gallon of the article, and for the further reason that it wTas labeled as aforesaid 
so as to deceive and mislead the purchaser into the belief that it was a foreign 
product, to wit, an olive oil produced in the kingdom of Italy, and that each 
of said cans contained 1 full half-gallon of the article, whereas, in truth and in 
fact, it was not olive oil, but was a product composed in part of cottonseed oil ; 
it was not a foreign product, to wit, an olive oil produced 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 half-gallon of 
the article, but did contain a less amount; for the further reason that it was 
a product 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 article, by the de- 
signs and devices on the label aforesaid, purported to be a foreign product, 
when not so.
Misbranding of each brand of oil 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 packages.
On May 12,1920, a plea of guilty wfes entered on behalf of the defendant firm, 
and the court imposed a fine of $60. - 
E. D. JBALL, Acting Secretary of Agriculture.