8058. Misbranding of olive oil. U. S. * * * v. Gabriel Carbateas and 
Nicholas S. Monahos (N. C. Monahos). Pleas of guilty. Fine, $25 
and costs.     (F. & D. No. 11970.    I. S. No. 8826-r.)
On June 21, 1920, 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 of the United States for said district an information against 
Gabriel Carbateas and Nicholas S. Monahos, copartners, trading as N. C. 
Monahos, New York, N. Y., alleging shipment by said defendants, in violation 
of the Food and Drugs Act, as amended, on or about April 10, 1919, from the 
State of New York into the State of Illinois, of a quantity of olive oil which 
was misbranded. The article was labeled in part, " Leninos Brand Olio di 
Oliva Pure    Net Contents i Gallon."
Examination of a sample of the article by the Bureau of Chemistry of this 
department showed that it contained 6.2 per cent less than the declared 
amount.
Misbranding of the article was alleged in the information for the reason 
that the statement, to wit, " Net Contents i Gallon," borne on the cans con- 
taining the article, regarding the article, was false and misleading in that it 
represented that each of the cans contained i gallon net thereof, and for the 
further reason that the article was labeled as aforesaid so as to deceive and 
mislead the purchaser into the belief that each of the cans contained i gallon 
net thereof, whereas, in truth and in fact, each of said cans did not contain J 
gallon net of the article, but did contain 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 conspicuoiisly marked on 
the outside of the package.
On June 23, 1920, the defendants entered pleas of guilty to the information, 
and the court imposed a fine of $25 and costs.
E. D. BALL, Acting Secretary of Agriculture.