6557. Adulteration and misbranding of olive oil. IT. S. v. Sam Silverstein (Sage 
Chemical Co.). Plea of guilty. Fined $1 and sentenced to 3 months in 
jail on count 1; sentence on count 2 suspended and defendant placed on 
probation for 1 year.    (F. D. C. No. 5583.    Sample No. 50304-E.)
On April 3, 1943, the United States attorney for the Eastern District of New
York filed an information against Sam Silverstein, trading as Sage Chemical
Co., Brooklyn, N. Y., alleging shipment on or about March 10, 1943, from the
! State of New York into the State of Maryland of a quantity of olive oil that
was adulterated and misbranded.   The article was labeled in part: "Golden
612917°—44r 4
Clover Pure Imported Olive Oil For Table and Medicinal Use U. S. E. European 
Olive Oils Co., Inc. Distributors, Brooklyn, N.Y.   Contents 1% Oz."
The article was alleged to be adulterated (1) in that a substance consisting 
essentially of cottonseed oil containing little or no olive oil, artificially colored in 
simulation of olive oil, had been substituted in whole or in part for olive oil which 
it was represented to be; (2) in that it was an imitation of olive oil consisting 
essentially of cottonseed oil containing little or no olive oil, and was inferior 
to olive oil, and its inferiority to olive oil had been concealed by the addition 
of artificial coloring; (3) in that artificial color had been ,added to or mixed 
or packed with it 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 statement "Pure Imported 
Olive Oil," borne on the label, was false and misleading since it was not pure 
imported olive oil; (2) and that it consisted essentially of cottonseed oil arti- 
ficially colored containing little or no olive oil and was offered for sale under 
the name of another food, olive oil; (3) in that it was an imitation of olive oil 
and its label failed to 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 a label containing the name 
and place of business of the manufacturer, packer, or distributor; (5) in that 
it was fabricated from two or more ingredients and its label did not bear the 
common orusual name of each such ingredient; and (6) in that it contained 
artificial coloring and did not bear labeling stating that fact.
On October 28, 1943, the defendant having entered a plea of guilty, the court 
imposed a sentence of 3 months in jail and a fine of $1 on count 1, and suspended 
sentence on count 2, placing the defendant on probation for 1 year.