25256. Adulteration and misbranding of olive oil. U. S. v. H. J. Staiti, Inc., 
Plea of guilty. Fine, $90. (F. & D. no. 32216. Sample nos. 51317-A, 
51319-A.)
This case was based on interstate shipments of an article which purported 
to be olive oil, but which consisted almost wholly of cottonseed oil, and the 
packages of which were short in volume.
On May 13, 1935, 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 an information against H. J. Staiti, Inc., a corporation, New 
York, N. Y., charging shipment by said corporation in violation of the Food 
and Drugs Act, on or about August 31 and September 6, 1933, from the State 
of New York into the State of New Jersey, of quantities of an article contained 
in cases, purporting to be olive oil, which was adulterated and misbranded. 
The article was labeled: "La Vergine Brand Finest Quality Oil [design of 
woman holding jug of oil by olive tree in foreground of a foreign-appearing 
village] Lucca. Net Contents One Gallon Qualita Extra Fina Insuperabile 
Per Tavola, Cucina Etc. Extra Fine Quality Oil Insuperable For Table, 
Cooking, Etc."
The article was alleged to be adulterated in that a substance, cottonseed 
oil, had been mixed and packed with it so as to reduce and lower and in- 
juriously affect its quality and strength; and in that a product consisting 
almost wholly of cottonseed oil had been substituted for olive oil which the 
article purported to be.
The article was alleged to be misbranded in that the statements, "La Vergine 
Brand Finest Quality Oil Lucca Quality Extra Fina Insuperabile Per Tavola, 
Cucina, Etc.", together with the design of a woman holding a jug of oil by 
an olive tree in the foreground of a foreign-appearing village, appearing on 
the label, were false and misleading, and by reason of said statements the 
article was labeled so as to deceive and mislead the purchaser, since the state- 
ments represented that the article was olive oil produced in a foreign country; 
whereas in fact it consisted almost wholly of domestic cottonseed oil. Mis- 
branding of the article was alleged further in that it was an imitation of 
another article, namely, olive oil which it purported to be; and in that the 
statement "Net Contents One Gallon", appearing on the label, was false and 
misleading, and by reason of said statement the article was labeled so as to 
deceive and mislead the purchaser, since the statement represented that each 
of the cans contained 1 gallon of the article, whereas in fact each of the cans 
contained less than 1 gallon thereof; and in that the article was food in pack- 
age form and the quantity of the contents was not plainly and conspicuously 
stated on the package, since the statement made was incorrect.
On October 3, 1935, a plea of guilty was entered on behalf of defendant 
corporation and a fine of $90 was imposed.
R. G. TUGWELL, Acting Secretary of Agriculture.