6945.  Adulteration and misbranding- of olive oil.     U. S.    *    *    *    v. Nicltitas?
P.  EconoBion  and  Nieliolas  Theodos   (N.  P.  Economoii  &?  Theodos).
Pleas of guilty.   Fine, $30.     (F. & D. No. 0439.     I. S. No. 13650-r.)
On April 29, 1919, 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 of the United States for said district an information against?
Nickitas P. Economou and Nicholas Theodos, copartners, trading as N. P.?
Economou & Theodos, New York, N. Y., alleging shipment by said defendants,?
in violation of the Food and Drugs Act, as amended, on August 13, 1918, from?
the State of New York into the State of Connecticut, of a quantity of an article,?
labeled in part " E & T Brand Pure Olive Oil," which was adulterated and mis-?
branded.
Analysis of a sample of the article by. the Bureau of Chemistry of this de??
partment showed it to consist of a mixture of cottonseed oil and corn oil and?
to be short measure.
Adulteration of the article was alleged in the information for the reason?
that certain substances, to wit, cottonseed oil and corn oil, had been mixed and
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packed therewith so as to lower and reduce and injuriously affect its quality?
and strength, and had been substituted in part for pure olive oil, which the?
article purported to be.
Misbranding of the article was alleged for the reason that the statements,?
to wit, " Pure Olive Oil," borne on the ease, and " La Regina Del' Olio A Lucca,?
One Gallon Net," borne on the cans containing the article, regarding it and the?
ingredients and substances contained therein, were false and misleading in?
that they represented that the article was olive oil, that it was a foreign product,?
to wit, an article produced in Lucca, in the kingdom of Italy, and that each of?
said cans contained 1 gallon net of the article, and for the further reason that?
it was labeled as aforesaid so as to deceive and mislead the purchaser into the?
belief that it was pure olive oil, that it wag a foreign product, to wit, an olive?
oil produced in Lucca, in the kingdom of Italy, and that each of said cans?
contained 1 gallon net of the article, whereas, in truth and in fact, it was not?
pure olive oil, but was a mixture composed in part of cottonseed oil and corn?
oil, and was not a foreign product, to wit, an article produced in Lucca, in the?
kingdom of Italy, but was a domestic product, to wit, an article produced in?
the United States of America, and each of said cans did not contain 1 gallon?
net of the article, but contained a less amount; and for the further reason that?
it was falsely branded as to the country in which it was manufactured and?
produced, in that it was an article manufactured and produced in whole or in?
part in the United States of America, and was branded as manufactured and?
produced in Lucca, in the kingdom of Italy; and for the further reason that it?
was a mixture composed in part of cottonseed oil and corn oil prepared in?
imitation of olive oil, and was sold under the distinctive name of another?
article, to wit, olive oil; and for the further reason that the article, by the?
statements, designs, and devices on the labels, purported to be a foreign product,?
when not so. Misbranding of the article was alleged for the further reason?
that it was food in package form, and the quantity of the contents was not?
plainly and conspicuously marked on the outside of the package.
On May 14, 1919, the defendants entered pleas of guilty to the information,?
and the court imposed a fine of $30.
G. F. MARVIN, Acting Secretary of Agriculture.