12269. Adulteration and misbranding of olive oil. U. S. v. Giuseppe Bat- talia (the Southern Importing Co.). Plea of guilty. Fine, $170. (P. & D. No. 16848. I. S. Nos. 6697-t, 6698-t, 6699-t, 6700-t, 7002-t, 7003-t.) On May 7, 1923, 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 Giuseppe Battaglia, trading as the Southern Importing Co., New York, N. Y., alleging shipment by said defendant, in violation of the food and drugs act as amended, in various consignments, namely, on or about May 4, 5, 14, and 19, 1921, respectively, of quantities of olive oil, a portion of which was adul- terated and misbranded and the remainder of which was misbranded. A por- tion of the article was labeled in part: (Can) "Finest Quality Table Oil Tipo Termini Imerese (inconspicuous type) Cottonseed Oil Slightly Flavored With Olive Oil 1 Gallon Net" (or "% Gallon Net"). A second portion of the article was labeled in part: (Can) "II Famoso Olio per Insalata * * * Medaglie Universali Cotton Salad Oil 1 Gallon Net." A third portion of the article was labeled in part: (Can) "1 Quart Net" (or "1 Gallon Net") Sico Brand Extra Fine Olive Oil Guaranteed Absolutely Pure Packed by Southern Importing Co." Analyses of samples of the II Famoso oil and the Table Oil Tipo Termini Imerese by the Bureau of Chemistry of this department showed that they con- sisted of cottonseed oil with little or no olive oil present. Examination of the- various-sized cans containing the respective consignments of the article by said bureau showed that the said cans contained less of the said article than- was declared on the labels. Adulteration of the Table Oil Tipo Termini Imerese and of the II Famoso oil was alleged in the information for the reason that cottonseed oil had been mixed and packed therewith so as to lower and reduce and injuriously affect their quality and strength and had been substituted in part for olive oil, which the article purported to be. Misbranding of the Table Oil Tipo Termini Imerese was alleged for the rea- son that the respective statements, to wit, " 1 Gallon Net " and " % Gallon Net," and the statement in prominent type, " Finest Quality Table Oil Tipo Termini Imerese," not corrected by the statement in inconspicuous type, " Cottonseed" Oil Slightly Flavored With Olive Oil," together with the design and device of an olive tree with natives picking olives, borne on the cans containing the- article, regarding the article and the ingredients and substances contained therein, were false and misleading in that they represented that the article was olive oil and that each of the said cans contained 1 gallon net, or one-half gallon net, as the case might be, of the said article, and for the further rea- son that it was labeled as aforesaid so as to deceive and mislead the pur- chaser into the belief that the article was olive oil and that each of the said" cans contained 1 gallon net, or one-half gallon net, as the case might be, of the said article, whereas, in truth and in fact, it was not olive oil but was a mixture composed in part of cottonseed oil, and each of the said cans did not contain the amount declared on the respective labels but did contain a less- amount. Misbranding was alleged for the further reason that the statements, designs, and devices borne on the said cans purported the said article to be- a foreign product when not so. Misbranding was alleged with respect to the said table oil for the further reason that the statement, to wit, " Cottonseed Oil Slightly Flavored with Olive Oil," borne on the said cans was false an wit, 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, said article was not olive oil but was a product composed in whole or 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, an article 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. Misbranding was alleged for the fur- 6084-24 2 ther reason that the statements, designs, and devices borne on the said cans purported the said article to be a foreign product when not so. Misbranding was alleged with respect to the Sico Brand Olive Oil for the reason that the statements, to wit, " 1 Quart Net" and " 1 Gallon Net," borne on the respective-sizled cans containing the article, regarding the said article, were false and misleading in that they represented that each of the said cans contained 1 quart net or 1 gallon net, as the case might be, 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 each of the said cans contained 1 quart net or 1 gallon net, as the case might be, of the said article, whereas, in truth and in fact, each of said cans did not contain the amount declared on the labels but did contain a less amount. Misbranding was alleged with respect to the product involved in all the consignments for the 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 package. On March 25, 1924, the defendant entered a plea of guilty to the informa- tion, and the court imposed a fine of $170. HOWAED M. GORE, Acting Secretary of Agriculture.