G050.   Misl>ram?lingr of olive oil.     U. S.    *    *    *    v. William I?. anil Ferdinand?
Bernasozzi  (W. P.  Bernagoisii & Brother).    Pleas  of guilty.     Fine,
$100.     (F. & D. No. 9446.    I. S. No. 2015-p.)
On March 5, 1919, 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?
William P. Bernagozzi and Ferdinand Bernagozzi, copartners, trading?
as W. P. Bernagozzi & Brother, New York, N. Y., alleging shipment by said?
defendants, in violation of the Food and Drugs Act, as amended, on February?
13, 1918, from the State of New York into the State of Connecticut, of a?
quantity of an article, labeled in part " Italian Product Olive Oil," and " One?
Quart," and " One Gallon," which was misbranded.
Examination of a sample of the article by the Bureau of Chemistry of this?
department showed the average shortage on 11 cans of the gallon size to be?
4.3 per cent, and on 13 cans of the quart size to be 3.6 per cent.
Misbranding of the article was alleged in the information in that the state??
ment, to wit, " One Gallon," or " One Quart," borne on the cans containing
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BUREAU  OF  CHEMISTRY.	
[Supplement GO,
the article, regarding it, was false and misleading in that it represented that?
said cans contained not less than 1 gallon or 1 quart of the article, as the?
case might be, whereas, in truth and in fact, they contained less than 1 gallon?
or 1 quart of the article; and for the further reason that is was labeled as?
aforesaid so as to deceive and mislead the purchaser into the belief that said?
cans contained not less than 1 gallon or 1 quart of the article, whereas, in?
truth and in fact, said cans contained less than 1 gallon or 1 quart of the?
article. 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 June 4, 1919, the defendants entered pleas of guilty to the information,?
and the court imposed a fine of $100.
0. F. MARVIN, Acting Secretary of Agriculture.
S. R. A.—Chem. Snppl. 70.