12849. Adulteration and misbranding   of olive  oil.     V.  S.  v. Harry Arony
and George Papitsas (Arony &. Papitsas). Plea of guilty. Fine, 
$250.    (F. & B. No. 16239.    I. S. No. 6978-t.)
On July 22, 1922, 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 
Harry Arony and George Papitsas, copartners, trading as Arony & Papitsas, 
New York, N. Y., alleging shipment by said defendants, in violation of the 
food and drugs act as amended, on or about April 29, 1921, from the State of 
New York into the State of Pennsylvania, of a quantity of olive oil which was 
adulterated and misbranded. The article was labeled in part: (Can) "One 
Gallon General Diaz Brand Pure Olive Oil * * * Lucca Italy Packed By 
Arony & Papitsas    *    *    *    For Table and Medicinal Use."
Analysis of a sample of the article by the Bureau of Chemistry of this de- 
partment showed that it consisted chiefly of cottonseed oil. Examination by 
said bureau showed that the average volume of 10 cans was 0.949 gallon.
Adulteration of the article was alleged in the information for the reason that 
a substance, to wit, cottonseed oil, had been substituted in whole or in part 
for olive oil, which the said article purported to be.
Adulteration of the article was alleged for the further reason that the article 
was sold under and by a name recognized in the United States Pharmacopoeia, 
and differed from the standard of strength, quality, and purity as determined 
by the test laid down in said pharmacopoeia, official at the time of investiga- 
tion, in that it consisted in large part of oil made from cottonseed, whereas 
the said pharmacopoeia provided that olive oil should consist wholly of the 
oil made from the ripe fruit of Olea Europoea, and the standard of strength, 
quality, and purity of the article was not stated on the container thereof.
Misbranding was alleged for the reason that the statements, to wit, " Pure 
Olive Oil," " Lucca Italy," and " 1 Gallon," borne on the cans containing the 
article, were false and misleading, in that the said statements represented that 
the article was pure olive oil, that it was a foreign product, to wit, an olive 
oil produced in Lucca, Italy, and that each of the said cans contained 1 gallon 
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, Italy, and 
that each of said cans contained 1 gallon of the article, whereas, in truth and 
in fact, it was not pure olive oil but was a mixture composed in large part of 
cottonseed oil, it was not a foreign product 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 of the article but did contain a less amount. Mis- 
branding was alleged for the further reason that the article was an imitation
of and was offered for sale and sold under the distinctive name of another 
article, to wit, olive oil, and for the further reason that it purported to be a 
foreign product when not so. Misbranding was alleged for the further reaspn 
that the article was food in package form and the quantity of the contents 
was not plainly and conspicuously marked on the outside of the package.
On November 3, 1924, the defendants entered pleas of guilty to the informa- 
tion, and the court imposed a fine of $250.
W. M. JUJDINE, Secretary of Agriculture.