11957. Misbranding1 of olive  oil.     V.  S. v.  James  Mallars, Harry Kokenes,
Thomas Kokcnes, and Samuel T. Mallars (IVaslacos Importing' 
Co.). Plea of gruilty. Fine, $200. (F. & D. No. 16413. I. S. Nos. 
3593-t, 9452-t, 13891-t, 13892-t, 14110-t.)
On July 1, 1923, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against 
Jamfcs Mallars, Harry Kokenes, Thomas Kokenes, and Samuel T. Mallars, 
copartners, trading as the Nasiacos Importing Co., Chicago, Ill., alleging ship- 
ment by said defendants, in violation of the Food and Drugs Act, as amended, 
from the State of Illinois, in various consignments, namely, on or about 
October 29, 1921, into the State of Colorado, on or about December 10, 1921, 
into the State of Minnesota, on or about December 13, 1921, into the State of 
South Carolina, and on or about January 11, 1922, into the State of Wyoming, 
of quantities of olive oil which was misbranded. A portion of the article was 
labeled in part: " Contents 1/4 Gallon * * * Athlete Brand Pure Olive 
On * * * Nasiacos Importing Co., Chicago, Ill.;" Athlete Brand * * * 
Pupe Olive Oil Contents 1/8 Gallon ? * * * Nasiacos Importing Co., Chi- 
cago." The remainder of the article was labeled in part: (Can) "Athlete 
Club    *    *    *    Guaranteed Finest Quality Pure Olive Oil Contents 1/2 Gallon."
Examination by the Bureau of Chemistry of this department of samples 
taken from each of the consignments showed that the said cans contained less 
than the quantities declared on the labels.
Misbranding of the article was alleged in the information for the reason 
that the statements, to wit, "Contents 1/4 Gallon," "Contents 1/8 Gallon," 
and " Contents 1/2 Gallon," borne on the respective-sized cans containing the 
said article, were false and misleading in that they represented that each of 
the said cans contained one-quarter gallon, one-eighth gallon, or one-half gallon 
of the 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-quarter gallon, one-eighth 
gallon, or one-half gallon of the article, as the case might be, whereas each 
of the said cans did not contain the amount declared on the label 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 packages.
On October 26, 1923, the defendants entered pleas of guilty to the informa- 
tion, and the court imposed a fine of $200.
C. F. MARVIN, Acting Secretary of Agriculture.