21318. Adulteration and Misbranding of oil.    U. S. v. Uddo-Taorntlna Cor¬
poration.    Plea of guilty.     Sentence suspended.     (F. & D. no. 29499. 
Sample nos. 10246-A, 10302-A.)
This case was based on interstate shipments of oil which was labeled to 
convey the impression that it was olive oil of foreign origin, whereas it con- 
sisted principally of cottonseed oil of domestic manufacture, with a small 
amount of olive oil added. Sample cans taken from the shipments were also 
found to contain less than the declared volume, 1 gallon.
On May 26, 1933, the United States attorney for the Eastern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the Uddo-Taormina Corporation, trading 
at Brooklyn, N.Y., alleging shipment by said company in violation of the Food 
and Drugs Act as amended, on or about September 1 and October 12, 1931, 
from the State of New York into the State of New Jersey, of quantities of oil 
which was adulterated and misbranded. The article was labeled in part: 
" Contents One Gallon Olive Oil Compounded with Cotton Seed Oil Italy Brand." 
The label also bore a design of Italian coat of arms and other Italian repre- 
sentations.
It was alleged in the information that the article was adulterated in that a 
substance, cottonseed oil, had been mixed and packed therewith so as to reduce 
and lower and injuriously affect its quality and strength, and had been substi- 
tuted practically wholly for olive oil, which the article purported to be.
Misbranding was alleged for the reason that the statements, " Olive Oil", and 
" Italy Brand ", together with certain Italian designs, and the statement " Con- 
tents One Gallon ", borne on the can label, were false and misleading and for the 
further reason that the article was labeled so as to deceive and mislead the 
purchaser, since the said statements and designs represented that the article 
was olive oil made in Italy, and that the cans contained 1 gallon, whereas it 
was not olive oil produced in Italy, but was composed practically wholly of 
cottonseed oil and was of domestic manufacture, and each of a number of the 
cans contained less than 1 gallon. Misbranding was alleged for the further 
reason that the article was an imitation of olive oil and was offered for sale 
under the distinctive name of another article, namely, olive oil. Misbranding 
was alleged for the further reason 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, since the statement made was incorrect.
On July 12, 1933, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court ordered that sentence be suspended.
M. L. WILSON, Acting Secretary of Agriculture.