S4S9. Misbranding- of olive oil. V. S. * * * v. Gabriel Carbateas and?
Nicholas S. Monahos (N. S. Mouahus). Picas of guilty. Flue, $100.?
(F. & D. No. 1109:i.    I. S. No. 11929-i\)
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?
Drugs Act, as amended, on or about April 3, 1919, from the State of New York?
into the State of Ohio, of a quantity of olive oil which was misbranded. The?
article was labeled in part, " Monaho's Olio di Oliva Puro Termini Imerese."
Misbranding of the article was alleged in the information for the reason that?
the statement, to wit, " Net Contents 1 Gallon," borne on the cans containing?
the article, regarding the article, was false and misleading in that it represented?
that each of the cans contained 1 gallon net of the article, and for the further?
reason that it was labeled as aforesaid so as to deceive and mislead the pur??
chaser into the belief that-each of the cans contained 1 gallon net of the article,?
whereas, in truth and in fact, each of the cans did not contain 1 gallon net, 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 August 18, 1920, the defendants entered pleas of guilty to the informa??
tion, and the court imposed a fine of $100.
E. D. BALL, Acting Secretary of Agriculture.