S3GJ>.  aiisbranding'  of  olive oil.     U.  S.     *      *      *     v.  Gabriel  Carbateas  and?
Nicholas   S.  Monahos   (N.  S.   Monahos).     Plea  of  guilty.     Fine,   $25.
(F. & D. No. 1108G.    I.  S. No.  14992-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 District?
Court of the United States for said district an information against Gabriel?
Carbateas and Nicholas S. Monahos, copartners, trading as N. S. Monahos, New?
York, N. Y., alleging shipment by said defendants, in violation of the Food and
28568?? 21?3
244	
BUREAU  OF  CHEMISTRY.	
;Suppleraeat 98,
Drugs Act, as amended, on or about April 18, 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 1 Quart, N. S. Monahos, Importer1;?
and Packer, New York."
Examination of a sample of the article by the Bureau of Chemistry of this?
department showed an average shortage of 5.29 per cent.
Misbranding of the article was alleged in the information for the reason that?
the statement, to wit, " Net Contents 1 Quart," borne on the cans containing the?
article, was false and misleading in that it represented that each of sai-d cans?
contained 1 quart net 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 1 quart net, whereas, in truth and in fact, each?
of the cans contained a less amount. Misbranding was alleged for the further?
reason that the article was food in package form, and the quantity of the con??
tents was not plainly and conspicuously marked on the outside of the package.
On September 1, 1920, a plea of guilty to the information was entered on?
behalf of the defendant firm, and the court imposed a fine of $25.
. E. D. BALL, Acting Secretary of Agriculture.