25302. Adulteration and misbranding of olive oil.     U. S. v. Cosmos Food, Inc.
Plea   of  guilty.     Fine,   $10.     (F.   &  D.   no.   35885.    Sample  nos.   6992-B, 
6993-B.)
This product was labeled to convey the impression that it consisted of 
imported Italian olive oil. Examination showed that it consisted of peanut 
oil having the odor and taste of olive oil.
On September 9, 1935, the United States attorney for the District of Mas- 
sachusetts, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court an information against Cosmos Food, Inc., Lynn, Mass., alleging ship- 
ment by said company in violation of the Food and Drugs Act, on or about 
August 7, 1934, from the State of Massachusetts into the State, of Connecticut, 
of a quantity of salad oil which was adulterated and misbranded. The article 
was labeled in part: "Superfine Olivol Pure Edible Oil * * * Joseph Petro 
Marca Registrata Brand    *    *    *    Cosmos Food, Inc. Importers, Lynn, Mass."
The article was alleged to be adulterated in that peanut oil had been sub- 
stituted in large part for olive oil which the article purported to be.
Misbranding was alleged for the reason that the statements, "Superfine 
Olivol", "Olio Puro Sopraffino", "Extra Quality Pure Olivol'", and "This 
superfine product is guaranteed absolutely pure and of the finest quality. 
Highly recommended for all general purposes for which olive oil is used", 
together with the designs and devices of foreign coins and olive branches, 
borne on the can label, were false and misleading, and for the further reason 
that the article was labeled so as to deceive and mislead the purchaser, since 
the said statements and designs represented that it was composed wholly 
of olive oil, and that it was a foreign product, namely, olive oil produced in 
Italy; whereas it was a mixture composed in large part of peanut oil, and 
it was not an olive oil produced in Italy, but was a mixture composed in 
large part of peanut oil produced in the United States.
On October 14, 1935, a plea of guilty was entered on behalf of the defendant 
company and the court imposed a fine of $10.
R. G. TUGWELL, Acting Secretary of Agriculture.