16176. Adulteration, and Misbranding of olive oil. TJ. S. v. P. Cicclietti & 
Co. (Inc.). Plea of guilty. Flue, $4O0. (F. & D. No. 22595. I. S. Nos. 
21207-x, 21208-x, 21209-x.)
At the December, 1928, term of the United States District Court within and 
for the Southern District of New York, the United States attorney for said dis- 
trict, acting upon a report by the Secretary of Agriculture, filed in the district 
court aforesaid an information against P. Cicchetti & Co. (Inc.), New York, 
N. Y., alleging shipment by said company, in violation of the food and drugs 
act as amended, on or about February 9, 1927, from the State of New York into 
the State of Pennsylvania, of quantities of olive oil which was adulterated and 
misbranded. The article was labeled in part: " Pure Olive Oil Virgin Duomo 
B B Brand Di Lucca Italy Net Contents One Gallon (or "Half Gallon" or 
"One Quart") I Guarantee This Olive Oil To Be Absolutely Pure Under 
Chemical Analysis And Of Finest Quality."
It was alleged in the information that the article was adulterated in that 
a substance, to wit, cottonseed oil manufactured and produced in the United 
States and containing but a slight trace, that is, a faint odor and flavor of 
olive oil, had been substituted for imported pure virgin olive oil, which the said 
article purported to be.
Misbranding was alleged for the reason that the statements, to wit, " Pure 
Olive Oil Virgin * * * Di Lucca Italy * * * I Guarantee this Olive 
Oil to Be Absolutely Pure Under Chemical Analysis and of Finest Quality." 
together with equivalent statements in Italian, and a pictorial representation 
of foreign scene and olive sprays bearing olives, borne on the cans containing 
the said article, and,the statements, to wit, "Net Contents One Gallon," "Net 
Contents Half Gallon," and " Net Contents One Quart," borne on the respective 
sized cans, were false and misleading in that the said statements and repre- 
sentations represented that the article was imported pure virgin olive oil manu- 
factured and produced in Italy, that it carried a foreign guaranty to be abso- 
lutely pure olive oil under chemical analysis and of finest quality and that the 
net contents of the article contained in the said cans was 1 gallon net, one-half 
gallon net, or 1 quart net, as the case might be; 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 imported pure virgin olive oil manufactured and 
produced in Italy, that it carried a foreign guaranty to be absolutely pure olive 
oil under chemical analysis and of finest quality and that the net contents of the 
article contained in said cans were 1 gallon net, one-half gallon net, or 1 quart 
net, as the case might be, whereas the article was not imported pure virgin olive 
oil, was not manufactured and produced in Italy or other foreign country, was 
not absolutely pure olive oil, was not of finest quality, and did not carry a foreign 
guaranty to that effect, but said article was cottonseed oil manufactured and
produced in the United States and contained but a slight trace of olive oil, and 
the net contents of the article contained in said cans were less than declared on 
the label. Misbranding was alleged for the further reason that the article was 
offered for sale under the distinctive name of another article, to wit, pure virgin 
olive oil. Misbranding was alleged 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 in that the actual contents of the said cans 
were less than the stated quantity.
On January 14, 1929, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $400.
R. W. DUNLAP, Acting Secretary of Agriculture.