12841. Misbranding of olive oil and salad oil. U. S. v. 4 Cases of Olive 
Oil and 1 Case of Salad Oil. Product found misbranded. Re- 
leased under bond to be relabeled. (F. & D. Nos. 18401, 18402. I. S. 
Nos. 20649i-v, 20650-v.    S. No. W-1477.)
On March 5, 1924, the United States attorney for the District of Utah, acting 
upon a report by the Secretary of Agriculture, filed in the District Court of 
the United States for said district a libel praying the seizure and condemna- 
tion of 4 cases, each containing gallon cans, half-gallon cans, and quart cans, of 
olive oil, and 1 case containing 12 cans of salad oil, remaining in the original 
unbroken packages at Magna, Utah, alleging that the article had been shipped 
by B. G. Makris, from New York, N. Y., on or about October 5, 1923, and trans- 
ported from the State of New York into the State of Utah, and charging mis- 
branding in violation of the food and drugs act as amended. The olive oil was 
labeled in part: (Can) "Makris Brand Imported Lucca Olive Oil * * * 
Net Contents One Gallon " (or " Net Contents Half Gallon " or " Net Contents 
One Quart") " B. G. Makris * * * N. Y. U. S. A." The salad oil was 
labeled in part: (Can) "II Papa Degli Olii Uncle Sam Oil Our Brand Winter- 
pressed Vegetable Salad Oil * * * Net Contents One Gallon Packed by 
B. G. Makris, New York."
Misbranding of the article was alleged in the libel for the reason that the 
statements " Net Contents One Gallon," " Net Contents Half Gallon," and " Net 
Contents One Quart," borne on the respective-sized cans containing the articles, 
were false and misleading, in that the net contents of the said cans were not 
1 gallon, half gallon, or quart, as the case might be. 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 package.
On July 5, 1924, B. G. Makris, New York, N. Y., having appeared as claimant 
for the property and having paid the costs of the proceedings and executed a 
bond in the sum of $600, in conformity with section 10 of the act, judgment 
of the court was entered, finding the product to be misbranded and ordering 
that it be released to the said claimant to be relabeled under the supervision 
of this department.
W. M. JABDTNE, Secretary of Agriculture.