4480. Adulteration and misbranding of olive oil. TT. S. v. Albert Maltese. Plea 
of guilty. Fine, $200 ($100 on each, of 2 counts) and S months' jail 
sentence on each, count to run concurrently. (F. D. C. No. 7307. Sample 
No. 64681-E.)
On September.30, 1942, the United States attorney for the Eastern District of 
New York filed an information against Albert Maltese at Brooklyn, N. Y., alleg- 
ing shipment in interstate commerce on or about January 15, 1942, from the 
State of New York into the State of Pennsylvania of a quantity of oil that was 
adulterated arid misbranded. The article was labeled in part: (Can) "Net 
Contents One Gallon   Roberta Brand Pure Olive Oil."
The article was alleged to be adulterated (1) in that a substance consisting 
essentially of cottonseed oil, artificially flavored and artificially colored, and 
containing little, if any, olive oil had been substituted wholly or in part for olive 
oil, which it was represented to be; (2) in that it was inferior to olive oil and 
its inferiority had been;- concealed by the addition of artificial flavoring and 
artificial coloring; (3) in. that artificial flavoring and artificial coloring had 
been added thereto or mixed or packed therewith so as to make it appear better 
and of greater value than it was; and (4) in that it contained a coal-tar color 
other than one from a batch that had been certified in accordance with regulations 
as provided by law.
It was alleged to be misbranded (1) in that the statements, "Pure Olive Oil 
Imported from Lucca Toscana Italy," "Imported Pure Olive Oil This oil is 
guaranteed to be absolutely pure under chemical analysis," and similar state- 
ments in Italian together with the designs of gold medals, olive branches, and 
olives borne on the cans, were false and misleading since they represented and 
suggested that the article consisted of imported pure olive oil, whereas, it con- 
sisted essentially of cottonseed oil containing little, if any, olive oil; (2) in that 
it was offered for sale under the name of another food, namely, olive oil; (3) 
in that it was colored and flavored in imitation of olive oil and its label did not 
bear in type of'uniform size and prominence the word "imitation" and immediately 
thereafter the name of the food imitated; (4) in that it was in package form 
and did not bear si label containing the name and place of business of the manu- 
facturer, packer, or distributor; (5) in that it was fabricated from two or more 
ingredients and its label did not bear the common or usual name of each such 
ingredient; and (6) in that it contained artificial flavoring and artificial coloring 
and did not bear labeling stating those facts. 
,
On December 12,1942, a plea of guilty having been entered by the defendant, 
the court imposed total fines of $200, and also sentenced the defendant to 3 
months imprisonment on each of the 2 counts of the information, the jail sen- 
tences to run concurrently.