7830. Adulteration and misbranding' of olive oil.    TT. S.   *    *    *  V. Accursio
Dimino.    Plea   of   guilty.    Fine,   $25.     (P.   &  D.   No.   11971.     I.   S.   No. 
11943-r.)
On March 15, 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 
Accursio Dimino, New York, N. Y., alleging shipment by said defendant, on 
January 27, 1919, of an article, and transportation of same, from the State of 
New York into the State of Pennsylvania, and charging adulteration and mis- 
branding in violation of the Food and Drugs Act, as amended. The article was 
labeled in part, "Finest Quality Olive Oil Termini Imerese."
Analysis of a sample of the article by the Bureau of Chemistry of this depart- 
ment showed that it was a mixture of oils, possibly soya-bean oil with cotton- 
seed oil, and contained very little, if any, olive oil. The cans were also short 
volume.
Adulteration of tlie article was alleged in 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 strength; it was further adulterated in that a 
substance, to wit, cottonseed oil, had been substituted in large part for olive oil, 
which the article purported to be.
Misbranding of the article was alleged in that the statements on the cans 
containing the article, regarding the article, to wit, " Finest Quality Olive Oil," 
"Extra Pure," "Termini Imerese," "Italy Sicilia-Italia," "1 Gallon Net," and
" Guaranteed Absolutely Pure," were false and misleading in that they repre- 
sented that the said article was olive oil, that the said article was a foroign 
product produced in the kingdom of Italy, and that each of the cans contained 
1 full gallon of the article, whereas said article was not olive oil, but was a 
mixture composed in large part of cottonseed oil; said article was not a foreign 
product produced in the kingdom of Italy, but was a domestic product produced 
in the United States of America; and each of the cans did not contain 1 full 
gallon of the article, but contained a less amount. The article was further mis- 
branded in that it was a mixture composed in lai'ge part of cottonseed oil pre- 
pared in imitation of olive oil, and was offered for sale and sold under the 
distinctive name of another article, to wit, olive oil. The article was further 
misbranded in that it was falsely branded as to the country in which it was 
manufactured and produced, in that it was an article manufactured and pro- 
duced in the United States of America and wTas branded as manufactured and 
produced in the kingdom of Italy. Said article was further misbranded in that 
it was labeled so as to deceive and mislead the purchaser into the belief that 
the said article was olive oil, that the article was a foreign product, olive oil 
produced in the kingdom of Italy, and that each can contained 1 full gallon of 
the article, whereas the article was not an olive oil, but was a mixture composed 
in large part of cottonseed oil; it was not a foreign product, an olive oil pro- 
duced in the kingdom of Italy, but was a domestic product, an article produced 
in the United States of America; and each of the cans contained less than 1 full 
gallon of the article. The article was further misbranded in that the state- 
ments on the cans as above set forth purported said article to be a foreign 
product, when not so. The article was further misbranded in that it was food 
in package form, and the quantity of the contents was not plainly and conspicu- 
ously marked on the outside of the package.
On March 18, 1920, the defendant entered a plea of guilty to the information, 
and the court imposed a fine of $25.
E. D. BAIX, Acting Secretary of AgriculUire.