7686. Misbranding of olive oil. U. S. v. Bsvid Silverman et al. (Eome Im- 
porting Co.). Plea of guilty. Fine, $50. (F, & D. No. 10800. I. S. 
No. 14950-r.)
On October 24, 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 
David Silverman, Moses Silverman, and Morris Levenkind, copartners, trad- 
ing as the Rome Importing Co., New York, N. Y., alleging shipment by said 
defendants, in violation of the Food and Drugs Act, as amended, on February 
15, 1919, from the State of New York into the State of Pennsylvania, of a 
quantity of olive oil which was misbranded. The article was labeled in part, 
" Net Contents i Gallon Superfine Olive Oil Rome Brand."
Examination of samples of the article by the Bureau of Chemistry of this 
department showed an average content of the cans of 14.52 fluid ounces, or 
9.25 per cent shortage.
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 containing 
the article, regarding it, was false and misleading in that it represented that 
each of said cans contained & gallon of 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 each of said cans contained I gallon of the article, whereas, in 
truth and in fact, each of said cans did not contain ? gallon 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 conspicuously marked on the outside of the package.
On December 10, 1919, a plea of guilty was entered on behalf of the defendant 
firm, and the court imposed a fine of $50.
C. F. MAKVIN, Acting Secretary of Agriculture.