16181. Adulteration and Misbranding of olive oil. TJ. S. v. United Import- 
ers (Inc.). Plea of guilty. Fine, $9. (F. & D. No. 22588. I. S. No. 
21035-x, 21715-x, 21716-x.)
On November 28, 1928, the United States attorney for the District of Rhode 
Island, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against 
the United Importers (Inc.), a corporation, Providence, R. I., alleging ship- 
ment by said company, in violation of the food and drugs act as amended, in 
part on or about November 21, 1927, and in part on or about February 24, 1928, 
from the State of Rhode Island into the State of Massachusetts, of quantities of 
olive oil which was adulterated and misbranded. A portion of the article was 
labeled in part: " L & T Theodora Brand Virgin Pure Olive Oil Lucca Italy." 
The remainder of the said article was labeled in part: " Pure Olive Oil Extra 
Pine Quality Italian Product Reale Brand Lucca Italy * * *. This Virgin 
Oil is Highly Recommended for Medicinal And Table Use * * * Contents 
one Quart (or "Contents % Gallon")."
It was alleged in the information that the article was adulterated, considered 
as a food, in that a substance, to wit, 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 large part for olive oil, which the 
said article purported to be. . Adulteration of the," Reale Brand " olive oil, con- 
sidered as a drug, was alleged for the further reason that it was sold under and 
by a name recognized in the United States Pharmacopoeia and differed from the 
standard of strength, quality, and purity as determined by the tests laid down in 
said pharmacopoeia official a't the time of the investigation of the article in that 
it was composed in part of cottonseed oil, whereas said pharmacopoeia provided 
that olive oil should consist wholly of the ripe fruit of Otea europaea; and the 
standard of strength, quality, and purity of the article was not declared on the 
container thereof.
Misbranding was alleged for the reason that the statement " Olive Oil Lucca 
Italy," with respect to the " Theodora Brand" olive oil, and the statements, 
"Olive Oil," "Lueca Italy," "Italian product," with respect,to the "Reale 
Brand" olive oil. and the statement "Contents One Quart," wffti respect to a 
portion of the said "Reale Brand" oil, borne on the labels were false and 
misleading in that they represented that the article was olive-, oil, that it was a 
foreign product produced in Lucca, Italy, and that the cans containing the said 
portion of the "Reale Brand"' oil contained 1 quart .thereof, and for the fur- 
ther reason that the article was labeled as aforesaid so as to deceive and mislead 
the purchaser into thei belief that it was olive oil, that it was a foreign product 
produced in Lucca, Italy, and that the cans containing the said portion of the 
" Reale Brand " oil contained 1 quart thereof, whereas the said article was not 
olive oil but was a product composed in large part of cottonseed oil, it was not a 
foreign product but was a domestic product, to wit, an article composed in large 
part of cottonseed oil produced in the United States of America, and the cans 
containing the said portion of the " Reale Brand " oil did not contain 1 quart of 
the article, but did contain a less amount. Misbranding was alleged for the fur- 
ther reason that the article was a product composed in large part of cottonseed 
oil prepared in imitation of olive oil and offered for sale and sold under the dis- 
tinctive name of another article, to wit, olive oil, for the further reason that it 
was falsely labeled as to the country in which it was manufactured and produced 
in that it was labeled as an olive oil manufactured and produced in Lucca, 
. Italy, whereas it was a product composed in large part of cottonseed oil manu- 
factured and produced in the United States of America, and for the further 
reason that the article purported to be a foreign product when not so. Mis- 
branding was alleged with respect to the said portion of the " Reale Brand " 
oil for the further 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 December 18, 1928, a plea of guilty to the information was entered on 
behalf of the defendant company, and the court imposed a fine of $9.
R. W. DUNXAP, Acting Secretary of Agriculture.