8507. Adulteration and misbranding of olive oil. U. S. * * * v. De??
metrius S. Kourcoutas (Union Olive Oil Co.). Plea of guilty. Fine,?
$100. (P. & D. No. 12317. I. S. Nos. 7025-r, 7901-r, 7902-r, 11927-r,?
11928-r, 12924-r.)
On August 2, 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?
Demetrius S. Kourcoutas, trading as the Union Olive Oil Co., New York, N. Y.,?
alleging shipment by said defendant, in violation of the Food and Drugs Act, as?
amended, on or about March 13, January 31, and March 3, 1919, from the State?
of New York into
the States of Missouri, Indiana, and Ohio, respectively, of quan??
tities of an article, labeled in part " Finest Quality Table Oil Insuperabile Ter-?
mimi Imerese Type Net Contents One Gallon," on or about January 31, and?
March 3, 1919, from the State of New York into the States of Indiana and Ohio,?
respectively, of quantities of an article, labeled in part, " Olio Sopraffino Qualita?
Superiore Olio Finissimo * * * Olive Oil * * * Tripolitania Brand?
Net Contents Full Gallon," which was adulterated and mrsbranded, and on or?
about March 5, 1919, from the State of New York into the State of Massachu??
setts, of a quantity of an article, labeled in part " Extra Fine Imported Olive?
Oil Lemnos Brand    *    *    *    Net Contents 1 Gallon," which was misbranded. ..
Analysis of a sample of the article taken from the shipment of March 13,?
labeled " Table Oil Termini Imerese Type," by the Bureau of Chemistry of this?
department showed that it consisted of a mixture of corn oil, cottonseed oil, and?
olive oil. Analyses of samples from the remaining shipments of this article and?
the article labeled " Olio Sopraffino Tripolitania Brand " showed that they con??
sisted chiefly of cottonseed oil. Examination showed that the article in all?
shipments was short in volume.
Adulteration of the article was alleged in the information, in each shipment?
with the exception of the one to Massachusetts, for the reason that cottonseed?
oil (or in the case of the March 13 shipment of the article, labeled." Table OH?
Termini Imerese Type," a mixture composed of corn oil and 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.
N.J. 8551^8600.] '    SERVICE  AND REGULATORY ANNOUNCEMENTS.	57
Misbranding' of the article in each shipment, with the exception of the one?
into Massachusetts, was alleged in substance 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 of an olive tree with?
natives gathering olives, or " Olio Sopraffino," " Qualita Superiore," " Olio Finis-?
simo," and " Net Contents Full Gallon," together with the designs and devices?
of Italian flags, shields and medals, borne on the cans containing the article,?
regarding it and the ingredients ?md substances contained therein, were false?
and misleading in that they represented that the article was olive oil, that each?
of the cans contained 1 gallon net of the article, and with respect to the article?
labeled " Olio Sopraffino Tripolitania Brand " that it was a foreign product, to?
wit, an olive oil produced in the kingdom of Italy, and for the further reason?
that the article was labeled as aforesaid so as to deceive and mislead the pur??
chaser into the belief that it was olive oil, that each of the cans contained 1?
gallon net thereof, and, with respect to the article labeled " Olio Sopraffino?
Tripolitania Brand," that it was a foreign product, whereas, in truth and in?
fact, it was not olive oil, but was a mixture composed in large part of corn oil?
and cottonseed oil, or cottonseed oil, and each of said cans did not contain 1?
gallon net thereof, but did contain a less amount, and the article labeled " Olio?
Sopraffino Tripolitania Brand " was not a foreign product, but was a domestic?
product, to wit, an article produced in the United States of America. Misbrand??
ing was alleged with respect to all shipments for the reason that the 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 August 18, 1920, the defendant entered a plea of guilty to the information,?
and the court imposed a fine of $100.
B. D. BALL, Acting Secretary of Agriculture.