19244. Misbranding of olive  oil.     U.   S.  v.   Mallars   etc  Co.     Plea   of guilty. 
Fine, ?25 and costs.    (F. & D. No. 26566.    I. S. Nos. 9955, 9956.)
Examination of the olive oil involved in the shipment herein described 
showed that the cans contained less than the declared volume.
On October 10, 1931, 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 the district aforesaid an information 
against Mallars & Co., a corporation, Chicago, Ill., alleging shipment by said 
company, in violation of the food & drugs act as amended, on or about August 
14, 1930, from the State of Illinois into the State of Iowa, of a quantity of olive 
oil that was misbranded. The article was labeled in part: (Cans) "Athlete 
Brand Pure Olive Oil Contents % Gallon [or " % Gallon"] Mallars & Com- 
pany, Chicago."
It was alleged in the information that the article was misbranded in that 
the statements " Contents % Gallon " and " Contents % Gallon," respectively, 
borne upon the said cans, were false and misleading in that the said statements 
represented that the cans contained one-fourth gallon or one-half gallon of 
olive oil; and for the further reason that the article was labeled as aforesaid 
so as to deceive and mislead the purchaser into the belief that the cans con- 
tained one-fourth gallon or one-half gallon of olive oil; whereas they did not 
contain the quantity so represented but did contain a less quantity. Misbrand- 
ing 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, since the cans contained less than the 
quantity represented.
On January 25, 1932, a plea of guilty to the information was entered on be- 
half of the defendant company, and the court imposed a fine of $25 and costs.
ABTHTTB M. HYDE, Secretary of Agriculture.