12541. Misbranding: of olive oil.     U.  S. v.  Lekas  & Drivas, a Cox-poration.
Plea of sruilty. Fine, $80. (F. & D. No. 16553. I. S. Nos. 5492-t, 
10772-t, 11163-t, 11164-t.)
On November 11, 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 
Lekas & Drivas, New York, N. Y., alleging shipment by said company, in viola- 
tion of the food and drugs act as amended, from the State of New York, on or 
about May 14, 1921, into the State of Massachusetts, on or about May 16, 
192], into the State of Utah, and on or about July 13, 1921, into the State of 
Colorado, of quantities of olive oil which was misbranded. The article was 
labeled in part: (Can) "Net Contents % Gall." (or "Net Contents % Gall.") 
" Pure Olive Oil    *    *    *   Lekas & Drivas New York U. S. A."
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 respective labels.
Misbranding of the article was alleged in the information for the reason that 
the statements, to wit, "Net Contents % Gall." and "Net Contents *4 Gall.," 
borne on the respective sized cans containing the article, were false and mis- 
leading in that the said statements represented that the cans contained % 
gallon or % gallon, net, of the article, as the case might be, and for the further 
reason that it was labeled as aforesaid so as to deceive and mislead the pur- 
chaser into the belief that the said cans contained % gallon or % gallon, net, 
of the said article, as the case might be, whereas, in truth and in fact, the said 
cans did not contain the amounts declared on the respective labels, but did 
contain less amounts.    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 August 15, 1924, a plea of guilty to the information was entered on be- 
half of the defendant company, and the court imposed a fine of $80.
HOWABD M. GOKE, Secretary of Agriculture.