161. Adulteration of peppermint oil. IT. S. v. 66 Gases of Peppermint Oil. Con-
sent decree of condemnation. Product released under bond to be re-
labeled and disposed of for technical purposes. (F. D. C. No. 1332. Sample
No. 86071-D.)
This product differed from the pharmacopoeial standard for oil of peppermint.
On January 10, 1940, the United States attorney for the Southern District
of New York filed a libel against 66 cases, each containing 60 pounds, of pepper-
mint oil at New York, N. Y., alleging that the article had been shipped in
interstate commerce on or about December 5, 1939, by the Transpacific Trading
Corporation from Los Angeles, Calif.; and charging that it was adulterated.
It was labeled in part "Peppermint Oil."
The article was alleged to be adulterated in that it purported to be or was
represented as a drug the name of which is recognized in the United States
Pharmacopoeia and its strength differed from and its quality and purity fell
below the standard set forth in that compendium in that it yielded not more
than 2.9 percent of esters calculated as menthyl acetate, it failed to comply with
the test "distinction from oil from Mentha arvensis," its color was dark yellow
or amber, and its odor was not characteristic of oil of peppermint; whereas the
pharmacopoeia specifies that oil of peppermint shall yield not less than 5 percent
of esters calculated as menthyl acetate, a specific test is provided in the pharma-
copoeia to distinguish peppermint oil obtained from Mentha piperita Linn6 from
Mentha arvensis. It specifies that peppermint oil is a colorless liquid, and
the difference in strength, quality, and purity from such standard was not
stated plainly on the label.
On March 29, 1940, the Transpacific Trading Corporation, claimant, having
admitted the allegations of the libel and having consented to the entry of a
decree, judgment of condemnation was entered, and it was ordered that the
product be released under bond conditioned that it be relabeled "Cornmint Oil
Partially Dementholized Imported from China, * * *. For Technical use
only," and disposed of for technical uses only.