S45S. Misbranding" of olive oil. XI. S. * * * v. Gabriel Carbateas and?
Nicholas S. Monahos  (N. S. Monahos).     Pleas of guilty.    Fine, $100.
(F. & D. No. 11984.    I. S. No. 12728-r.)
On July 30, 1920, the United States attorney for the Southern District of?
New York, acting upon a report by the Secretary of Agriculture, filed in the
302	
BUREAU  OF   CHEMISTRY.	
[Supplement 100,
District Court of the United States for said district an information against?
Gabriel Garbateas and Nicholas S. Monahos, trading as N. S. Monahos, New?
York, N. Y., alleging shipment by said defendants, in violation of the Food and?
Drugs Act, as amended, on or about April 16, 1919, from the State of New?
York into the State of Rhode Island, of a quantity of olive oil which was mis-?
branded. The article was labeled in part, " Extra Fine * * * Olive Oil?
 *  
*   Net Contents 1 gallon " or " 1/2 gallon."
Examination of samples of the article by the Bureau of Chemistry of this de??
partment showed an average shortage of 2 per cent in the gallon cans and 1.8?
per cent in the ^-gallon cans.
Misbranding of the article was alleged in the information for the reason?
that the statement, to wit, " Net Contents 1 Gallon," or " Net Contents 1/2 Gal??
lon," as the case might be, borne.on the cans containing the article, regarding?
the article, was false, and misleading in that, it,represented that each of said?
cans contained 1 gallon or \ gallon net of the article, and for the further reason?
that said article was labeled as aforesaid so as to deceive and mislead the pur??
chaser into the belief that each of said cans contained 1 gallon net or \ gallon?
net of the article, whereas, in truth and in fact, each of said cans did not con??
tain 1 gallon net or \ gallon net of the article, but contained a less amount.?
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 conspicu??
ously marked on the outside of the package.
On August 18, 1920, the defendants.entered pleas of guilty to the information,?
and the court imposed a fine of $100.
E. D. BALL, Acting Secretary of Agriculture.