29926. Adulteration and misbranding of olive oil.    U. S. v. P. Esposito & Bro.,
Inc., and Pietro Esposito. Pleas of guilty. Fine against corporation 
of $19, which was remitted. Individual fined $200 on count 1. Sen- 
tence suspended on remaining counts and the defendant placed on pro- 
bation for 1 year. (F. & D. Nos. 33827, 33987. Sample Nos. 7953-A, 43072-A. 
52105-A, 52138-A, 66225-A, 66238-A, 67406-A, 67425-A, 67448-A.)
This product was labeled to indicate that it was Italian olive oil, whereas 
it consisted partially of domestic cottonseed oil. Certain lots were short of 
the declared volume.
On August 28, 1936, 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 an information against P. Esposito & Bros., Inc., and Pietro 
Esposito, New York, N. Y., alleging shipment by said defendants in violation of 
the Food and Drugs Act as amended, within the period from on or about Sep- 
tember 25, 1933, to on or about January 25, 1934, from the State of New York 
in part into the State of New Jersey, and in part into the State of Connecticut, 
of quantities of alleged olive oil that was adulterated and misbranded. The 
article was labeled in part:   "La Gloriosa Brand   *   *   *   La Gloriosa Pack-
ing Co., P. E. & B., Inc." The label bore the statement "Composed of eighty- 
five per cent choice salad oil and fifteen per cent Lucca Olive Oil," the words 
"Lucca Olive Oil" being larger and more conspicuous than the remainder of 
the statement
The article was alleged to be adulterated in that added cottonseed oil—and 
in one lot—added peanut oil, had been mixed and packed with it so as to 
reduce, lower, and injuriously affect its quality; and in that a mixture of olive 
oil and cottonseed oil—in one lot, peanut oil— and consisting almost wholly 
of domestic cottonseed oil or peanut oil, had been substituted for olive oil, 
which it purported to be.
The article was alleged to be misbranded in that the statements "Lucca Olive 
Oil" and "Olio D Oliva Di Lucca" in large conspicuous type, not followed or 
preceded by any negative statement in as large and conspicuous type, and the 
statements, "Olio Finissimo, La Gloriosa Brand Premiato All' Esposizione Di 
Roma Italia 1924" in Italian, and the equivalent of the said statements in 
English in large conspicuous type, together with designs of olive branches, 
crowns, and the Italian national colors and medals, borne on the cans, were 
false and misleading, and were borne on the cans so as to deceive and mislead 
the purchaser, in that they represented that the article was olive oil produced 
in and imported from Italy; whereas it was not olive oil produced in and 
imported from Italy, but was a product consisting almost wholly of domestic 
cottonseed oil, with some peanut oil present in one lot. It was alleged to be 
misbranded further in that it was an imitation of another article, namely, 
olive oil. The article in certain lots was alleged to be misbranded further in 
that the statement "One Gallon Net," borne on the cans, was false and mislead- 
ing and was borne thereon so as to deceive and mislead the purchaser, since 
the cans contained less than 1 gallon net; and it was alleged to be misbranded 
further in that it was food in package form and the quantity of contents was 
not plainly and conspicuously marked on the outside of the package, since the 
cans contained less than declared.
On December 5, 1938, pleas of guilty were entered on behalf of the defendants. 
On December 12, 1938, the court imposed and remitted a fine of $19 on the 
corporation, imposed a fine on the individual defendant of $200 on the first 
count and suspended imposition of sentence on the remaining 18 counts, and 
placed the defendant on probation for a period of 1 year.
HARRY L. BROWN, Acting Secretary of Agriculture.