7125.   Adnltei-ation   and   Misbranding of   olive   oil.,    V.. S.   *     *    *    v.   Mario
Campolieti.     Plea  of S'nilty.     Fine, $25.     (F:  & D.  No.  9747.     I.   S.  No. 
13713-r.)
On April 29, 1919, the United States attorney for the Southern District of 
New York, acting upon a report by the: Secretary af Agriculture,, filed in- tffte 
District Court of the United States- for said district an inf armation against 
Mario Campolieti, New York, N. Y., alleging shipment by said defendant in 
violation of the Food and Drugs Act,, as anaended,, ?n July 9-,, 1918, from the 
State of New York into the State of Pennsylvania, of. a quantity of an article; 
labeled in part "'Olio Puro D'Oliva," which was adulterated and misbranded.
Analysis of a sample of the article by the Bureau of Chemistry of this 
department showed the Halphen test for cottonseed oil. to, be very strongly- 
positive and the net volume of the cans to he 0.933 gallon.
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 a-ffeet its; quality and strength, and 
had been substituted in large part for olive oil, which the article purported 
to be.
Misbranding of the article was alleged for the reason that the statements, 
to wit, " Olio Puro D'Oliva, Lucca Tipo Italy, Olio Puro D-'Oliva Garantito 
Produzione Propria, Net Contents Pull Gallon," borae 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 gallon- net 
ef 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 Lueea, fet 
the kingdom of Italy, and that each of said, cans contained 1 gallon net of the 
article, whereas, in truth and in faet? it was not pure olive oil,, but was a mix- 
ture composed in part of cotton-seed oil; and was not a foreign product, to- wit, 
an olive oil produced in Lueea, in the kingdom of Italy, but was a domestic 
prodact, i& wit, a product produced Mt the United States of America, and each
of said cans did not contain 1 gallon net of the article, but did contain a 
less amount, and for the further reason that it was falsely branded as to the 
country in which it was manufactured and produced in that it was a product 
manufactured and produced, in whole or in part, in the United States of 
America, and was branded as manufactured and produced in the kingdom of 
Italy, and 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; and for the further reason 
that the statements on the can purported that the article was a foreign product 
when not so. Misbranding of the article was alleged 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 7, 1919, the defendant entered a plea of guilty to the information 
and the court imposed a fine of $25.
E. D. BALL, 
Acting Secretary of Agriculture.