S739. Misbranding  of olive oil.    II.  S.     *     *     +     v. Louis  Puccinelli.     Plea
of guilty.     Fine, $100.     (F. & D. No. 12362.    I. S. No. 2917-r.)
On August 25, 1920, 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?
Louis Puccinelli, New York, N. Y., alleging shipment by said defendant, in?
violation of the Food and Drugs Act, as amended, from the State of New York?
into the State of California, on September 12, 1919, of a quantity of olive oil?
which was misbranded. The article was labeled in part, " Net One Gallon''?
(or " Net Half Gallon ") " Pure Olive Oil L. Puccinelli   *   *   *."
N.J.8701-8750]	SERVICE  AND  REGULATORY  ANNOUNCEMENTS.        163
Examination of samples of the article by the Bureau of Chemistry of this?
department showed in both the gallon and half-gallon cans an average shortage?
of 4.8 per cent.
Misbranding of the article was alleged in the information for the reason that?
the statements " Net One Gallon " and " Net Half Gallon," borne on the cans?
containing the article, regarding the article, were false and misleading in that?
they represented that each of the cans contained 1 gallon or i gallon net of?
the article, 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?
cans contained 1 gallon or i gallon net of the article, whereas, in truth and?
in fact, each of said cans contained a less amount. Misbranding was alleged?
for the further reason that the article was food in package form, and the?
eiuantity of the contents was not plainly and conspicuously marked on the?
outside of the package.
On August 23, 1920, the defendant entered a plea of guilty to the information,?
and the court imposed a fine of $100.
E. D. BALL, Acting Secretary of Agriculture.