12525. Misbranding' of olive oil and vegetable salad oil.     V. S. v. 10 Cases
of Olive Oil and 10 Cases of Vegetable  Salad Oil.     Decree order- 
ing release of product tinder bond to be  relabeled.     (F.  & D.  No.
18082.    I. S. Nos. 9826-v, 982J-V.    S. No. W-1443.)
On November 28, 1923, 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 con- 
demnation of 10 cases of olive oil and 10 cases of vegetable salad oil, remain- 
ing in the original unbroken packages at Salt Lake City, Utah, alleging that 
the articles had been shipped by the B. G. Makris Co. from New York, N. Y., 
on or about September 29, 1923, 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: "' Makris Brand' 
Imported Lucca Olive Oil * * * Net Contents One Gallon B. G. Makris 
Importer & Packer Lucca Italy-France N. Y. U. S. A." The vegetable oil was 
labeled in part: " 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 articles was alleged in the libel for the reason that the 
statement, " Net Contents One Gallon," appearing on the labels of the cans 
containing the respective articles, was false and misleading in that the net 
contents of the said cans was not 1 gallon. Misbranding was alleged for the 
further reason that the articles were in package form and the quantity of the 
contents was not plainly and conspicuously marked on the outside of the 
packages.
On July 7, 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 $1,000, in conformity with section 10 of the act, a decree 
of the court was entered, ordering that the product be released to the said 
claimant to be relabeled under the supervision of this department.
HOWARD M. GORE, Secretary of Agriculture.