9382. Adulteration and Misbranding of oil. U. S. * * * v. Giovanni 
Ballanca, Stefano Friscio, and Stephen Gerardi, Copartners. Pleas 
of guilty.     Fine, $25.     (F. & D. No. 10887.    I. S. No. 14933-r.)
On October 24, 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 
Giovanni Ballanca, Stefano Friscio, and Stephen Gerardi, copartners, trading at 
New York, N. Y., alleging shipment by said defendants, in violation of the Food 
and Drugs Act, as amended, on November 20, 1918, from the State of New York 
into the State of New Jersey, of a quantity of an article labeled, " Quality 
Superiore " (map of Italy, Sicily, and Tripolitania, and cut of girl with Italian 
flag) " Olio Pure Garantito 1 Gallon Net Sotto Qualsiasi Analysis Chimica," 
which article was adulterated and misbranded.
Analysis of a sample of the article by the Bureau of Chemistry of this depart- 
ment showed that it was a mixture of cottonseed and peanut oils, with little or 
no olive oil, and that the containers were short in volume.
Adulteration of the article was alleged in the information for the reason that- 
certain substances, to wit, cottonseed oil and peanut 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, " Quality 
Superiore," " Olio Pure," " Garantito * * * Sotto Qualsiasi Analysis Chimica," 
and " i Gallon Net," together with the designs and devices of the map of Italy 
and the Italian flag, 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 olive oil, that it was a foreign prod- 
uct, to wit, an olive oil produced in the Kingdom of Italy, and that each of said 
cans contained i 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 a foreign product, to wit, an olive oil produced 
in the Kingdom of Italy, and that each of the cans contained % gallon net of the 
article, whereas, in truth and in fact, said article was not olive oil, but was a 
mixture composed in part of cottonseed oil and peanut oil, it was not a foreign 
product, to wit, an olive oil produced in the Kingdom of Italy, but was a domes- 
tic product, to wit, a product produced in the United States of America, and 
each of said cans did not contain i gallon net of the article, but did contain a 
less amount. Misbranding was alleged for the further reason that the state- 
ments borne on the cans aforesaid purported that said article was a foreign 
product, when not so, and for the further reason that the article 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 May 23, 1921, the defendants entered pleas of guilty to the information, 
and the court imposed a fine of $25.
E. D. BALL, Acting Secretary of Agriculture.