11354.?Misbranding   of   olive   oil.     IT.   S.   v.   Niclvitas   P.   Economon   (N.   P.
Economou & Theodos).     Plea of guilty.     Fine, $1,000.     (F. & D. No.
16846.    I. S. Nos. 5086-t, 6415-t,  6493-t, 6500-t, 6962-t.)
At the February, 1923, term of the United States District Court, within and?
for the Southern District of New York, the United States attorney for said?
district, acting upon a report by the Secretary of Agriculture, filed in the dis??
trict court aforesaid an information against Nickitas P. Economou, trading as?
N. P. Economou & Theodos, New York, N. Y., alleging shipment by said defend??
ant, in violation of the Food and Drugs Act, as amended, in various consign??
ments, namely, on or about April 30, May 11, aud May 12, 1921, respectively,?
from the State of New York into the States of Massachusetts, New Jersey, and?
Pennsylvania, respectively, of various quantities of olive oil which was mis-?
branded. The article was labeled in part: (Cans) " Rigoletto Brand * * *?
Virgin Pure Olive Oil * * * Net Contents 1 Gal." (or " Net Contents i Gal."?
or " Net Contents 1 Qt.").
Examination by the Bureau of Chemistry of this department of a sample?
taken from each of the consignments showed that the said cans contained less?
of the article than the quantity declared on the labels thereof.
Misbranding of the article was alleged in the information for the reason that?
the statements, to wit, " Net Contents 1 Gal.," " Net Contents \ Gal.," and " Net?
Contents 1 Qt.," borne on the respective-sized cans containing the said article,?
regarding the article, were false and misleading in that the said statements?
represented that each of the said cans contained one gallon, one-half gallon?
or one quart net 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 gallon,?
one-half gallon, or one quart net of the said article, as the case might be,
N. J. 11351-11400.]     SERVICE AND REGULATORY ANNOUNCEMENTS.       185
whereas, in truth and in fact, each of said cans did not contain the amount?
declared on the labels thereof 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 March 8, 1923, the defendant entered a plea of guilty to the information,?
and the court imposed a fine of $1,000.
C. W. PUGSLEY, Acting Secretary of Agriculture.