S145. Adulteration and misbranding of olive oil. XJ. S. * * * v. Nicholas?
1). Ijj-riotaliis <?t ?1. (Xyriotalcis Bros.). Pleas of .guilty. Fine, $75.?
(F. & D.  No.  11707.     I.  S. -No.  13746-r.)
On May 24, 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?
Nicholas D. Lyriotakis and Michael Lyriotakis, copartners, trading as Lyriotakis?
Bros., New York, N. Y., alleging shipment by said defendants, in violation of the?
Food and Drugs Act, as amended, on January 17, 1919, from the State of New?
York into the State of New Jersey, of a quantity of an article purporting to?
be olive oil, labeled in part " Olio Finissimo," which was adulterated and mis-?
branded.
Analysis of a sample of the article by the Bureau of Chemistry of this.de??
partment showed that it consisted almost entirely of cottonseed oil, and that?
the contents of the cans examined were short in volume.
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 olive oil, which the article purported to be.
Misbranding was alleged for the reason that the statements, to wit, " Olio?
Finissimo " and 'c 1 Gallon Net," together with the designs and devices of the?
Italian flag and a map of Sicily, borne on the cans containing the article, re??
garding it and the ingredients and substances contained therein, were false?
and misleading in that they represented that the product was olive oil, that?
it wTas an oilve oil produced in the kingdom of Italy, 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, that it was an olive oil produced in the kingdom of?
Italy, and that each of said cans contained 1 gallon net of the article, whereas,?
in truth and in fact, it was not olive oil, but was a mixture composed in large?
part of cottonseed oil, and it was not an olive oil produced in the kingdom of?
Italy, but was a product produced in the United States of America, and each?
of said cans did not contain 1 gallon net of the article, but did contain a less?
amount; for the further reason that said article was falsely branded as to the?
country in which it Avas manufactured and produced, in that it was branded?
as a product produced in the kingdom of Italy, whereas, in truth and in fact,?
it was a product produced in the United States of America ; for the further reason?
that the statements, designs, and devices aforesaid purported said article to be a?
foreign product, when not so; and for the further reason that said article.?
was food in package form, and the quantity of the contents was not plainly?
and conspicuously marked on the outside of the package.
On May 26, 1920, the defendants entered pleas of guilty to the information,?
and the court imposed a fine of $75.
E. D. BALL, Acting Secretary of Agriculture.
N.J. 8101-8150.]     SERVICE- AND- REGULATORY- ANNOUNCEMENTS.	107