7774. Adulteration and misbranding; of so-called olive oil.    U. S.    *    *    *   v.
Mario  Campolieti.     Plea  of guilty.     Fine, $30.     (F. & D. No.   11967. 
I. S. No. 2063-r.)
On April 27, 1920, 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 
Mario Campolieti, New York, N. Y., alleging shipment by said defendant, in 
violation of the Food and Drugs Act, as amended, on June 28, 1918, from the 
State of New York into the State of Colorado, of a quantity of so-called olive 
oil, which was adulterated and misbranded. The article was labeled, " Olio 
Puro D'Oliva" (picture of natives gathering olives from olive trees) "Lucca 
Tipo Italy Net Contents Full Gallon Olio Puro D'Oliva Garantito Produzione 
Propria."
Analysis of a sample of the article by the Bureau of Chemistry of this de-. 
partment showed that it was largely cottonseed oil and was also short volume.
Adulteration of the article was alleged in the information for the reason that 
a substance, to wit, cottonseed oil, had been mixed and packed therewith so as
to lower and reduce and injuriously affect its quality and strength, and had 
been substituted in large part for olive oil, which the article purported to be.
Misbranding was alleged for the reason that the statements, to wit, " Olio 
Puro D'Oliva Lucca Tipo Italy," " Olio Puro D'Oliva Garantito Produzione 
Propria," and " Net Contents Full Gallon," 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 pure olive 
oil, that it was a foreign product, to wit, an olive oil produced in Lucca, in 
the kingdom of Italy, and that each of said cans contained 1 full 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 was a foreign product, to wit, an olive oil produced in Lucca, in the 
kingdom of Italy, and that each of said cans contained 1 full gallon net of 
the article, whereas, in truth and in fact, said article was not pure olive oil, 
but was a mixture composed in part of cottonseed oil; it was not a foreign 
product, to wit, an olive oil produced in Lucca, in the kingdom of Italy, but 
was a domestic product, to wit, a product produced in the United States of 
America, and each of said cans did not contain 1 full gallon net of the article, 
but did contain a less amount; for the further reason that said article was 
falsely branded as to the country in which it was manufactured and produced 
in that it was a product manufactured or produced in whole or in part in the 
United States of America, and was branded as manufactured and produced in 
the kingdom of Italy; for the further reason that it was a mixture composed 
in large part of cottonseed oil prepared in imitation of olive oil, and was sold 
under the distinctive name of another article, to wit, olive oil; for the further 
reason that the statements on the cans as aforesaid purported that said article 
was a foreign product when not so; and 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 5, 1920, the defendant entered a plea of guilty to the information, 
and the court imposed a fine of $30.
E. D. BALL, Acting Secretary of Agriculture.