27043. Adulteration and misbranding of olive oil.     17.  S.  v.  Italian Importing
Corporation and Anthony Cipolla. Pleas of guilty. Italian Importing 
Corporation fined $100, JR75 remitted; Anthony Cipolla fined $400, $300 
remitted.     (F. & D. no. 38003.    Sample nos. 61085-B, 6S825-B.)
This case involved olive oil that was adulterated with tea-seed oil.
On August 26, 1936, 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 the Italian Importing Corporation, New 
York, N. Y., and Anthony Cipolla, president and treasurer of said corporation, 
alleging shipment by said defendants in violation of the Food and Drugs Act, 
on or about March 4, 1936, from the State of New York into the State of 
Louisiana; and on or about March 12, 1936, from the State of New York 
into the State of New Jersey, of quantities of olive oil which was adulterated 
and misbranded. The article was labeled in part: "L ltalia Redenta Brand 
Pure Olive Oil    *    *    *    L ltalia Redenta Olive Oil Co. N. Y."
The article was alleged to be adulterated in that tea-seed oil had been mixed 
and packed therewith so as to reduce or lower its quality or strength and had 
been substituted wholly or in part for olive oil, which it purported to be.
It was alleged to be misbranded in that the statements, "Aralia * * * 
Pure Olive Oil * * * Our olive oil is guaranteed by us to be absolutely 
pure under any chemical analysis * * * L ltalia * * * II nostro olio 
hi ulivo e' da noi garentito sotto qualsiasi analisi chimica assolutamente puro 
L ltalia", together with the design of olive leaves and olives, the map of Italy, 
the Italian national colors, red, white, and green, and the Italian coat-of-arms, 
borne on the cans containing the article, were false and misleading, and in 
that the said statements and designs were borne on the cans so as to deceive 
and mislead the purchaser, since they represented that the article was com- 
posed wholly of olive oil; whereas it was composed in large part of tea-seed 
oil. The article was alleged to be misbranded further in that it was offered 
for sale and sold under the distinctive name of another article, namely, olive 
oil.
On November 30, 1936, pleas of guilty were entered on behalf of the de- 
fendants, and the court imposed a fine of $100 against the Italian Importing 
Corporation and remitted $75 thereof, and a fine of $400 against Anthony 
Cipolla and remitted $300 thereof.
W. R. GEEGG, Acting Secretary of Agriculture.