16742. Adulteration and misbranding of oil.   IT. S. v. Benny Di Carlo (Di Carlo
Importing Co.), and Loumen Drug Co. Pleas of guilty. Benny Di 
Carlo sentenced to 1 year in jail; sentence suspended and defendant 
placed on probation.   Loumen Drug Co. fined $1,000.   (F. D. C. No.
26790.    Sample No. 8117-K.)
INDICTMENT RETURNED : March 29,1949, Eastern District of New York, against 
Benny Di Carlo, trading as the Di Carlo Importing Co., Brooklyn, N. Y., and 
against the Loumen Drug Co., a corporation, Brooklyn, N. Y.
VIOLATION CHARGED : On or about March 23, 1948, the defendants shipped and 
caused to be shipped from the State of New York into the State of Connecticut, 
a quantity of edible oil. In addition, the Loumen Drug Co. was charged with 
having delivered to Benny Di Carlo, between the approximate dates of July 
1947 and March 23, 1948, a substance known as "squalene," for the purpose
of aiding, abetting, counseling, inducing, and procuring the interstate ship- 
ment of the adulterated and misbranded oil.
LABEL IN PART: "Aquila Brand Sublime Edible Oil Supreme Quality 22% 
Italian Olive Oil 78% Pure Peanut Oil Distributors Di Carlo Importing 
Co.   Brooklyn, N. Y."
NATURE OF CHARGE: Count 1. Adulteration, Section 402 (b) (1), olive oil, a 
valuable constituent, had been in whole or in part omitted from the product; 
and, Section 402 (b) (4), artificial flavor, artificial color, and squalene had 
been added to the product and mixed and packed with it so as to make it 
appear to be better or of greater value, namely, an article containing more 
olive oil than was actually present.
Count 2. Misbranding, Section 403 (a), the label statements "22% Italian 
Olive Oil" and "78% Pure Peanut Oil" were false and misleading since the 
product did not contain 22 percent of Italian olive oil; and, Section 403 (k), 
the product contained an artificial flavoring and did not bear labeling stating 
that fact.
DISPOSITION : June 2, 1950. Benny Di Carlo having entered a plea of guilty to 
counts 1 and 2, the court sentenced him to 1 year in jail on each count, with 
the sentences to run concurrently; however, the sentences were suspended, 
and the defendant was placed on probation. A plea of guilty having been 
entered on behalf of the Loumen Drug Co. to count 2, the court fined the 
corporation $1,000.