12640. Mis-branding   of  olive  oil.     V.  S.  v.  45   Cans   and  40   Cans   of   Olive
Oil. Decree entered ordering: product released under bond to be 
relabeled. (F. & D. No. 17846. I. S. Nos. 11517-v, 11518-V. S. No. 
W-1423.)
On October 13, 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 condemna- 
tion of 45 1-quart cans and 40 half-gallon cans of olive oil remaining in the 
original unbroken packages at Salt Lake City, Utah, alleging that the article 
had been shipped by N. C. Makris Co., from St. Johns Park, N. Y., on or about 
March 8, 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 article was labeled in part: (Can) "Makris Brand Imported 
Lucca Olive Oil Extra Quality Guaranteed Pure Net Contents One Quart" (or 
"Net Contents Half Gallon") "B. G. Makris Importer & Packer, Lucca, Italy- 
France-N. Y. U. S. A."
Misbranding of the article was alleged in the libel for the reason that the 
statements, " Net Contents One Quart" and " Net Contents Half Gallon," borne 
on the labels on the respective sized cans, were false and misleading in that the 
net contents of the said cans were not 1 quart or one-half gallon, as the case 
might be. Misbranding was alleged for the further reason that the article 
was in package form and the quantity of the contents was not plainly and con- 
spicuously marked on the outside of the package.
On July 7, 1924, N. C. Makris, New York, N. Y., claimant, having paid the 
costs of the proceedings and having executed a bond in the sum of $500, in 
conformity with section 10 of the act, a decree of the court was entered, finding 
the product to be misbranded and ordering that it be released to the claimant 
to be relabeled under the supervision of this department.
HOWAED M. GORE, Secretary of Agriculture.