14411. Misbranding of olive oil.    U. S. v. 5 Cases and 8 Cases of Olive Oil.
Product adjudged misbranded and ordered released under bond,
(F. & D. No. 16581.    I. S. Nos. 14321-t, 14322-t.    S. No. W-1125.)
On July 29, 1922, 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 seizure and condemnation 
of 5 cases, each containing gallon cans, and 8 cases, each containing %-gallon 
cans, of olive oil, at Salt Lake City, Utah, alleging that the article had been 
shipped by the Nasiacos Importing Co., from Chicago, Ill., on or about August 
12, 1921, and transported from the State of Illinois into the State of Utah, and 
charging misbranding in violation of the food and drugs act. The article was 
labeled in part: (Can) "1 Gallon" (or " y2 Gallon") "Athlete Brand Pure 
Olive Oil Nasiacos Importing Co. Chicago, Ill."
Misbranding of the article was alleged in the libel for the reason that the 
statements on the labels, " 1 Gallon" and " % Gallon," as the case might 
be, were false and misleading, in that the net contents of the said cans were 
not 1 gallon and y% gallon, respectively. Misbranding was alleged for the 
further reason that the article was in package form and the quantity of the 
contents was not plainly and conspicuously marked on the outside of the 
package.
On July 2, 1923, the Nasiacos Importing Co., Chicago, Ill., having appeared 
as claimant for the property and having paid the costs of the proceedings and 
executed a bond in the sum of $600, a decree was entered, adjudging the 
product to be misbranded, and it was ordered" by the court that the product 
be released for the" purpose of relabeling the same as to the exact net contents.
W. M. JARDINE, Secretary of Agriculture.