12385. Misbranding of olive oil and eottonseed oil. IT. S. v. 12 Oases of 
Olive Oil and 3 Cases and 36 Cans of Cottonseed Oil. Products 
released tinder bond to be relabeled. (F. & D. Nos. 16487, 16490. 
I. S. Nos. 14320-t, 14323-t, 14324-t.    S. Nosr W-1114, W-1116.)
On July 29, 1922, the United States attorney for the District of Utah, acting 
upon reports by the Secretary of Agriculture, filed in the District Court of 
the United States for said district libels praying the seizure and condemna- 
tion of 12 cases of olive oil and 3 cases and 36 cans of cottonseed oil remaining 
in the original unbroken packages at Salt Lake City, Utah, alleging that the 
articles had been shipped by Lekas & Drivas from New York, N. Y., in various 
consignments, namely, on or about July 16, July 22, and December 3, 1921, and 
March 18, 1922, respectively, and transported from the State of New York into 
the State of Utah, and charging misbranding in violation of the food and 
drugs act as amended. The olive oil was labeled in part: (Can) "Net Con- 
tents y2 Gall.   *   *   *   Pure Olive Oil   *   *    *   Lekas & Drivas   New York
U. S. A." The cottonseed oil was labeled in part: (Can) "Liberty 
.Brand * * * Oil * * * Net Contents 1 Gallon" (or "Net Contents 
% Gallon ") " Lekas & Drivas New York."
Misbranding of the. articles was alleged in the libels for the reason that the 
statements on the labels of the respective-sized cans, " Net Contents 1 Gallon," 
" Net Contents y2 Gallon," " Net Contents % Gall.," were false and misleading 
in that the net contents of the said cans was not one-half gallon or 1 gallon, 
as the case might be. Misbranding was alleged for the further reason that 
;the articles were [food] in. package form and the quantity of the contents was 
.not plainly and conspicuously marked on the outside of the packages.
On June 3, 1924, Lekas & Drivas, New York, N. Y., having appeared as 
?claimants for the property, judgments of the court were entered, finding that 
the products were misbranded and ordering that they be released to the said 
?claimants to be relabeled upon payment of the costs of the proceedings and 
the execution of bonds in the aggregate sum of $500, in conformity with sec- 
tion 10 of the act.
HOWABD M. GOKE, Acting Secretary of Agriculture.