13850. Adulteration  and  misbranding- of salad  oil.     TJ.  S. v. Harry Arony 
and George Papitsas  (Arony & Papitsas).     Pleas of guilty.    Fine,
$250.     (F. & D. No. 16949.    I. S. No. 7107-t.)
On February 17, 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 
Harry Arony and George Papitsas, copartners, trading as Arony & Papitsas, 
alleging shipment by said defendants, in violation of the food and drugs act as 
amended, on or about April 27, 1922, from the State of New York into the 
State of New .Jersey, of a quantity of salad oil which was adulterated and 
misbranded. The article was labeled in part: (Can) "One Gallon General 
Cadorna Brand * * * Lucca Type Imported And Packed By Arony & 
Papitsas."
Analysis of a sample of the article by the Bureau of Chemistry of this 
department showed that the product was cottonseed oil with little or no olive 
oil present. Examination by said bureau showed that the average volume of 5 
cans was 0.964 gallon.
Adulteration of the article was alleged in the information for the reason 
that a substance, to wit, cottonseed oil, had been substituted in whole or in 
part for olive oil, which the article purported to be.
Misbranding was alleged for the reason that the statements, to wit, "One 
Gallon," "Olio Sopraffino," "Guaranteed Superfine," "Lucca Type," and "Im- 
ported," not corrected by the inconspicuous statement "Cotton Seed Oil Flavored 
With Olive Oil," together with the designs and devices of olive branches bear- 
ing olives, the cities of Trento and Trieste, and the Italian shield bearing the 
portrait of General Luigi Cadorna, borne on the cans containing the article, 
regarding the said article and the ingredients and substances contained therein, 
were false and misleading, in that they represented that the said article was 
olive oil, that it was a foreign product, to wit, an olive oil produced in Italy, 
and that each of the said cans contained 1 gallon 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 Italy, and that each of said cans con- 
tained 1 gallon of the said article, whereas, in truth and in fact, the said 
article was not olive oil but was a mixture composed in large part of cotton- 
seed oil, it was not a foreign product, 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 of the article but did contain a less amount. Misbranding 
was alleged for the further reason that the statement "Lucca, Italy," together 
with the design and device of Italian flags, purported the article to be a 
foreign product when not so, and for the further reason that it was food in 
package form and the quantity of the contents was not plainly and conspic- 
uously marked on the outside of the package. Misbranding was alleged for the 
further reason that the statement, to wit, "Cotton Seed Oil Flavored With 
Olive Oil," borne on the cans containing the article, was false and misleading, 
in that it represented that the said article was flavored with olive oil, and 
for the further reason that it was labeled as aforesaid so as to deceive and mis- 
lead the purchaser into the belief that it was flavored with olive oil, whereas, 
in truth and in fact, it was not flavored with olive oil, in that it contained no 
flavor of olive oil.
On November 3, 1924, the defendants entered pleas of guilty to the informa- 
tion, and the court imposed a fine of $250.
W. M. JAEDINE, Secretary of Agriculture.