12825. Misbranding of oil. TT. S. v. Abraham Gash. Plea of guilty. Fine, 
S200. (F. & D. No. 16414. I. S. Nos. 6622-t, 6623-t, 6687-t, 6688-t, 
6689-t)
On October 4, 1922, 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 
Abraham Gash, New York, N. Y., alleging shipment by said defendant, in viola- 
tion of the food and drugs act as amended, on or about May 19, 1921, from the 
State of New York into the State of New Jersey, and on or about May 30, 
1921, from the State of New York into the State of Connecticut, of quantities of 
oil which was misbranded. A portion of the article was labeled in part: (Can) 
"Extra Quality Oil * * * The Italian Cook Brand Winterpressed Cotton- 
seed Salad Oil Flavored with Pure Olive Oil Net Contents 1 Gall. A Com- 
pound." The remainder of the said article was labeled in part: (Can) "Net 
Contents 1 Gal." (or "Net Contents % Gal.," or "Net Contents 1 Quart") 
"Extra Fine Quality Oil Selma Brand For Salads-Cooking and Mayonnaise.
* * * High Grade Vegetable Oil. Flavored with Pure Olive Oil." 
Analyses of samples of the article by the Bureau of Chemistry of this de- 
partment showed that the article consisted almost entirely of cottonseed oil 
or soya bean oil mixed with cottonseed oil. Examination by said Bureau 
showed that the cans contained a less quantity of the article than was declared 
on the labels.
Misbranding of the article was alleged in the information for the reason that 
the statement, to wit, " Cottonseed Salad Oil Flavored with Pure Olive Oil," 
appearing on the cans, containing a portion of the article and the statement, 
to wit, " Vegetable Oil. Flavored with Pure Olive Oil," appearing on the cans 
containing the remainder thereof and the further statements, " Net Contents 
3 Gal.," " Net Contents % Gal.," and " Net Contents 1 Quart," appearing on the 
respective-sized cans containing the article, were false and misleading in that 
they represented that the article was a product flavored with pure olive oil 
and that each of the said cans contained 1 gallon net, % gallon net, or 1 quart 
net, of the article, as the case might be, and for the further reason that it wias 
labeled as aforesaid so as to deceive and mislead the purchaser into the belief 
that it was a product flavored with pure olive oil and that each of the said 
cans contained 1 gallon net, % gallon net, or 1 quart net, of the said article, 
as the case might be, whereas, in truth and in fact, the article was not a prod- 
uct flavored with pure olive oil but was a product which contained no taste of 
olive oil and which contained no flavor of olive oil, and each of said cans did 
not contain the amount declared on the label, 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 conspicu- 
ously marked on the outside of the packages.
On May 6, 1924, the defendant entered a plea of guilty to the information, 
and the court imposed a fine of $200.
HOWARD M. GORE, Acting Secretary of Agriculture.