27753. Adulteration and misbranding of olive oil.    V. S. v. Delnra Olive Oil Co.,
Inc., and Arthur J. Capone. Pleas of guilty. Corporation fined $2,200 
of which $2,100 was remitted. Arthur J. Capone fined $1,100 of which 
$550 was remitted. (F. & D. No. 38005. Sample Nos. 43866-B, 44160-B, 
44161-B, 44162-B, 52160-B, 52161-B, 52162-B, 61024-B, 61025-B, 61205-B, 
65607-B to 65613-B, incl.. 65626-B. 65627-B. 65710-B. 65712-B, 65713-B, 
65714-B, 65841-B, 65878-B, 65879-B, 65880-B, 66017-B, 66039-B, 67402-B 
to 67408-B, incl.)
This product was adulterated with tea-seed oil.
On February 25, 1937, the United States attorney for the Southern District 
of New York, acting upon a report by the Secretary of Agriculture, filed In
51599"—38 1 
363
the district court an information against the Euca Olive OU Co., Inc., New 
York, N. Y., and Arthur J. Capone, president and treasurer of the company, 
charging that said defendants had shipped in interstate commerce from New 
York, N. Y., the following lots of olive oil, which was adulterated and mis- 
branded: One shipment into the State of Rhode Island on or about June 28, 
1935; several shipments into the State of Massachusetts on or about July 5, 
August 9, 24, and 27, September 11, 19, 20, and 27, October 31, November 15, 
1935, January 7, 9, and 10, February 4, and February 13, 1936; two lots into 
the State of Connecticut on or about September 28, 1935, and February 14, 
1936; one lot into the State of Maine on or about November 6, 1935; and several 
lots into the State of Pennsylvania on or about January 3, 20, 28, and 31, and 
February 14, 1936.
The article was labeled in part variously: "Pure olive oil * * * De Luca 
Brand * * * Guaranteed by De Luca Olive OU Co., Inc., New York City"; 
"Cora Pure Imported Olive Oil .* * * Guaranteed by Cora Products Co., 
New York, N. Y."; "Olivo D' Oliva Marca De Luca * * * De Luca & Co., 
New York & Geneva"; "Pure Imported Olive OU De Luca Brand * * * De 
Luca & Co., New York";  "United Brand    *    *    *    Pure Imported  Olive Oil
* * * United Wholesale Grocery Co., Distributor Worcester Mass."; "Clover 
Farm Brand Pure Imported Olive Oil * * * Clover Farm Stores Distribu- 
tors    *    *    *    Cleveland, Ohio."
The article was alleged to be adulterated in that tea-seed oil had been substi- 
tuted in part for olive oil, which it purported to be, and in that tea-seed oil had 
been mixed and packed with it so as to reduce or lower its quality and strength.
It was alleged to be misbranded in that the following statements and designs 
borne on the cans and bottles, "Pure Olive Oil De Luca * * * The Best 
Quality Imported from Italy * * * This Olive OU is guaranteed to be 
absolutely pure under chemical analysis because it is pressed only from selected 
ripe olives * * * Puro Olio Di Oliva De Luca * * * Qualita Sublimi 
Importato dal Italia - * * * Questo Olio Di Oliva e garantito puro sotto 
qualsiasi analisi chimica perche ricavato soltanto da olive mature scelte e 
confezionato nee migliori condizioni igieniche [design of olive branches]" 
with respect to certain lots; the statements, "Pure imported Olive Oil * * * 
Importato Puro Olio d Oliva * * * This Olive Oil is guaranteed to be 
absolutely pure and indisputably better than that of any other origin both for 
its natural goodness and exceptional purity. * * * Questa olio a garantito 
ii p-.ira oliva e indiscutibilimente superiore a quello ii qualsiasi altra origine 
sia per la sua naturale bonta be per la sua special raffinatezza [design of 
olive branches]" with respect to  certain lots, the statements "Olio Oliva
* * * De Luca * * * Pure Olive OU" with respect to certain lots; 
"Pure Imported Olive OU * * * De Luca * * * Olivo D Oliva * * * 
De Luca * * * Pure Olive OU" with respect to certain lots; the statement 
"Pure Imported Olive Oil" with respect to certain other lots were false and 
misleading; and were borne on the labels of the cans and bottles containing 
the article so as to deceive and mislead the purchaser;. since they represented 
that the article consisted wholly of olive oil and that portions thereof con- 
sisted of olive oil imported from Italy; whereas the article consisted in part of 
tea-seed oil not imported from Italy. It was alleged to be misbranded further 
for the reason that it was a mixture composed in part of tea-seed oil and was 
offered for sale and sold under the distinctive name of another article.
On August 2, 1937, pleas of guilty were entered on behalf of the defendants and 
on October 13, 1937, the court fined the defendant company $2,200 but suspended 
payment of $2,100 thereof, and fined Arthur J. Capone $1,100 and suspended 
payment of $550 thereof.
HARRY L. BROWN, Acting Secretary of Agriculture.