29928. Adulteration and misbranding of olive oil. TT. S. v. Pletro Esposito (Itolo Olive Oil Co.) Plea of guilty. Fine, $500. (F. & D. No. 36085. Sample Nos. 36245-B to 36249-B, inclusive.) This product was represented to be imported olive oil, but consisted of oil or oils other than olive oil that was artificially flavored and in some lots was artificially colored. It was also 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 Pietro Esposito, trading as the Italo Olive Oil Co., New York, N. Y., alleging shipment by said defendant 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, as the article was labeled in part, variously: "Lora Brand," "Italia Brand," "Acomo Fo Brand," or "Adriatic Star Brand." The information alleged that the article was adulterated in that a substance, namely, oil other than olive oil, artificially flavored and a part of which was also artificially colored had been substituted for olive oil, which it purported to be. Misbranding was alleged in that the following statements and designs borne on the labels were false and misleading and by reason thereof the article was labeled and branded so as to deceive and mislead the purchaser in that they represented that it consisted solely of olive oil produced in and imported from a foreign country, namely, Italy; whereas it was not such a product but was a domestic product consisting of oil other than olive oil, artificially flavored and a portion of which was also artificially colored: (Lora brand) "Super Fine Olive Oil Extra Quality Lora Brand Imported From Italy First Pressing Cream Olive Oil Highly Recommended For Table And Medicinal Use 11 Con- tenuto Di Questa E. Garentito Olio D Oliva Assolumente Puro Sotto Analysis Chimica Ottimo Per so Da Tavola Che Per so Medicinale [design of olive branches bearing the ripened fruit and design representing an olive orchard]"; (portion of Italia brand) "Super Fine Olive Oil Imported Italia Brand Pre- miato In Tutte Le Bsposizioni Europee First Pressing Cream Olive Oil Recom- mended Highly For Table And Medicinal Use [design of olive branches bearing ripened fruit and design purporting to be an Italian flag]"; (remainder of Italia brand) "Italia Brand Olio Puro D Oliva Vergine Confezionato In Italia Impaccato Espressamente Per San Remo Olive Oil Co. Questo Olio Oliva E Carentito Assolutamente Puro Sotto Analysis Chimica Ottimo Per so Da Tavola Che Per so Medicinale [design of olive branches bearing ripened fruit and design purporting to be Italian flag]"; (Acomo Fo brand) "Imported Products Sublime Olive Oil Acomo Fo Brand The Olive Oil contained in this can is pressed from fresh picked high grown fruit, packed by the grower under the best sanitary condition, and guaranteed to be absolutely pure under any chemical analysis. The producer begs to recommend to the consumer to destroy this can as soon as empty in order to prevent unscrupulous dealers from refilling it with adulterated Oil or Oil of an inferior quality. The producer warns all such dealers that he will proceed against them to the full extent of the law [design of olive branches bearing ripened fruit]"; (Adriatic Star brand) "Imported Virgin Olive Oil Adriatic Star Brand Adriatic Star Pure Olive Oil This Imported Olive Oil Is Guaranteed Both As To Full Measure, Absolute Parity, Superior Quality And Specially Adapted For Table And Medicinal Use Olio Di Oliva Garantito Assolutamente Puro Da Qualsiasi Analysis Chimica Cette Huile D Olive Est Garantie Pure Et De Superieure Quality [design of olive branches bearing ripened fruit]"; (impressed on all cans) "Imported from Italy." The article was alleged to be misbranded further in that the statement "net contents 1 gallon," borne on the can label, was false and misleading and by reason thereof it was labeled so as to deceive and mislead the purchaser since the contents of each of the cans examined, with one exception, was less than 1 gallon. The article was alleged to be misbranded further in that it consisted of oil other than olive oil, artificially flavored and a portion also artificially colored, was an imitation of another article, and was offered for sale under the distinctive name of another article, namely, olive oil. It was alleged to be mis- branded further in that it was food in package form and the quantity of con- tents was not plainly and conspicuously marked on the outside of the cans in that, with one exception, the amount actually contained in the cans was not stated on the outside thereof. On December 5, 1988, the defendant entered a plea of guilty and on December 12,1988, the court imposed a fine of $500. HABBY L. BROWN, Acting Secretary of Agriculture.