10391. Misbranding of olive oil.     U. S.     *     *     *     v. William P. Bernagozzi.
Tried to the court.     Judgment  of guilty.     Fine, $25.     (F. &  D.  No.
13228.    I.  S. Nos. 14896-r, 14897-r,  14984-r, 15026-r.)
On November 2, 1921, 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, New York, N. Y., alleging shipment by said 
defendant, on or about April 18, 1919, in violation of the Pood and Drugs Act, 
as amended, from the State of New York into the State of Pennsylvania, of 
quantities of olive oil which was misbranded. The article was labeled in 
part: "Quarter Of Gallon Pure Olive Oil One Quart" (or "Half Gallon") 
" Pure Virgin    *    *    *    Imported and Packed by W. P. Bernagozzi    *    *    *."
Examination of samples of the article by the Bureau of Chemistry of this 
department showed that the cans contained less than the amount declared 
in the labels.
Misbranding of the article was alleged in the information for the reason that 
the statements, to wit, "One Quart," "Quarter of Gallon." or "Half Gallon," 
borne on the respective cans containing the said article, regarding the article, 
were false and misleading in that they represented that each of the said cans 
contained one quart or one quarter gallon or one half-gallon of the said article, 
as the case might be, 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 said cans contained one quart, one quarter-gallon, or one half- 
gallon of the said article, as the case might be, whereas, in truth and in fact, each 
of said cans did not contain one quart, one quarter-gallon, or one half-gallon 
of the said article but did contain a less amount.    Misbranding was alleged
for the further reason that the article was food in package form, and trie- 
quantity of the contents was not plainly and conspicuously marked on the 
outside of the package.
On January 25, 1922, the defendant having waived a jury trial and the 
case having come on before the court for hearing, after the submission of 
evidence and arguments by counsel the defendant was adjudged guilty and a 
fine of $25 imposed.
C. W. PUGSLEY, Acting Secretary of Agriculture.