29927. Adulteration and misbranding of olive oil. U. S. v. Import Oil Corpora- 
tion and John Esposlto. Pleas of guilty. Corporation fined $1,200. 
John Bsposito fined $600, sentenced to Imprisonment for 60 days, and 
placed on probation for 3 years. (F. & J). No. 36087. Sample Nos. 36243-B, 
S6250-B.)
This product was represented to be imported olive oil, but consisted of oil 
or oils other than olive oil which was artificially flavored and in some lots was 
artificially colored.   It also was short of the declared volume.
On June 10, 1938, 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 the Import Oil Corporation, New York, 
N. Y., and John Esposito, alleging shipment by said defendants in violation of 
the Food and Drugs Act as amended, on or about June 13, 1935, from the State 
of New York into the State of Rhode Island of quantities of so-called olive oil 
which was adulterated and misbranded. The article was labeled in part, 
"Berino [or "Lora"] Brand."
Adulteration was alleged in that a substance, namely, oil other than olive 
oil artificially flavored and a part of which was artificially colored, had been 
substituted for olive oil, which the article purported to be.
Misbranding was alleged in that the following statements on the can labels 
(Berino brand) "Italian Product Sublime Olive Oil Berino Brand Lucca- 
Italia * * * The Purity Of This Olive Oil Is Guaranteed Under Chemical 
Analysis And We Recommend It For Table And Medicinal Uses," (impressed in 
can) "Imported From Italy," (Lora brand) "Superfine Olive Oil Extra Quality 
Lora Brand Imported From Italy * * * First Pressing Cream Olive Oil 
Highly Recommended For Table And Medicinal Use * * * II Contenuto Di 
Questa E Garentito Olio D Oliva Assolutamente Puro Sotto Analysis Chimica 
Ottimo Per so Da Tavola Che Per so Medicinale," (impressed in can) 
"Imported From Italy," together with the designs of olive branches bearing 
the ripened fruit on the main panel of the cans, and the design of olive branches
on the side panels, were false and misleading and by reason of the said state- 
ments and designs the article was labeled so as to deceive and mislead the 
purchaser in that they represented that the article consisted wholly of olive 
oil produced in and imported from Italy; whereas it was not such a product but 
was a domestic product consisting of oil other than olive oil, artificially flavored 
and a part of which was artificially colored. The article was alleged to be 
misbranded further in that the statement "net contents 1 gallon," borne on the 
label, was false and misleading and by reason of the said statement the article 
was labeled so as to deceive and mislead the purchaser since the contents of 
each of the cans examined was less than 1 gallon. Misbranding was alleged 
further in that the article was an imitation of and was offered for sale under 
the distinctive name of another article, namely, olive oil; and in that it was 
food in package form and the quantity of the contents was not plainly and 
conspicuously marked on the outside of the cans, since the amount actually 
contained in the can was not stated on the outside thereof.
On December 6, 1938, pleas of guilty were entered on behalf of the defendants. 
On December 14,1938, the court imposed a fine of $1,200 against the corporation. 
John Esposito also was fined $600, sentenced to a term of imprisonment for 
60 days, and placed on probation for a period of 3 years.
HARRY L. BROWN, Acting Secretary of Agriculture.