7877. Adulteration and misbranding of olive oil.    U. S. v. Pasquale L. Cerosuolo
(Patsy Cerosuolo or Patsy Cherry). Plea of guilty. Sentence suspended 
and defendant placed on probation for 6 months. (F. D. C. No. 9660. 
Sample Nos. 17416-F, 17417-F.)
INFORMATION FILED : February 23,1944, Southern District of New York, against 
Pasquale L. Cerosuolo, also known as Patsy Cerosuolo and Patsy Cherry, New 
York, N. Y.
ALLEGED SHIPMENT : On or about October 17,1942, from the State of New York 
into the State of Connecticut.
LABEL IN PART : "Roberta Brand Pure Olive Oil Imported From Lucca Toseana 
Italy," or "Puglia Brand Superfine Pure Olive Oil Imported From Lucca-Italy."
VIOLATIONS CHARGED: Adulteration, Section 402 (b) (2), an oil other than olive 
oil had been substituted in whole or in part for olive oil, which the article 
was represented to be; Section 402 (b) (3), inferiority had been concealed 
by the addition of artificial flavor and color; and, Section 402 (b) (4), artificial 
flavor and color had been added to the article or had been mixed or packed 
with it so as to make it appear better or of greater value than it was.
Misbranding, Section 403 (a), the statements on the label of a portion of the 
product, (in English and Italian) "Pure Olive Oil Imported From Lucca 
Toseana Italy," and (in English, Italian, German,-French, and Spanish) "This 
Olive Oil is Guaranteed to be absolutely pure under chemical analysis," and 
the designs of olive branches and gold medals on the label, and the statements 
on the label of the remainder of the product, "Imported Pure Olive Oil," and 
"Superfine Pure Olive Oil Imported From Lucca Italy * * * [English and 
Italian] This olive oil is guaranteed to be absolutely pure under any chemical 
analysis Recommended for table use and medicinal purposes," and the designs 
of olive branches on the label, were false and misleading since they repre- 
sented and suggested that the article consisted of pure olive oil imported from 
Italy, whereas it consisted of an artificially colored and artificially flavored 
imitation olive oil that had not been imported from Italy; Section 403 (b), the 
product was offered for sale under the name of another food, olive oil; Section
403 (c), it was an imitation of another food 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; Section 403 (e) (1), it failed to 
bear a label containing the name and place of business of the manufacturer, 
packer, or distributor; Section 403 (f), the words, statements, or other infor- 
mation required by or under authority of the law to appear on the label were not
prominently placed thereon and in such terms as to render them likely to be 
read or understood by the ordinary individual under customary conditions of 
purchase and use, since the label of a portion of the product contained repre- 
sentations in foreign languages, Italian,
"German, French, and Spanish, and 
the label of the remainder of the product contained representations in a foreign 
language, Italian, and the labels did not bear in the foreign languages, as 
required by the regulations, the name and place of business of the manufac- 
turer, packer, or distributor, an accurate statement of the quantity of the 
contents, and the common or usual name of each ingredient; Section 403 (i) (2), 
the product was fabricated from two or more ingredients and its label failed 
to bear the common or usual name of each such ingredient; and, Section 
403 (k), it contained artificial flavoring and artificial coloring and failed to 
bear labeling stating that fact. 
DISPOSITION: March 23, 1944. A plea of guilty having been entered, imposi- 
tion of sentence was suspended and the defendant was placed on probation 
for 6 months.