3203.?Adulteration, and misbranding of oil of birch..     U. S. v. 2 Packages
of Oil  of Birch.   Default  decree  of condemnation,  forfeiture,  and?
destruction.    (F. & D. No. 5373.    S. No. 1971.)
On October 27, 1913, the United States Attorney for the Southern District?
of New York, acting upon a report by the Secretary of Agriculture, filed in?
the District Court of the United States for said district a libel for the seizure?
and condemnation of 2 packages containing 117 pounds of a product purport??
ing to be oil of birch, remaining unsold in the original unbroken packages?
and in possession of Antione Chiris Co., New York, N. Y., alleging that the?
product had been shipped on or about September 25, 1913, by Trivett and Ray,?
Beech Creek, N. C, and transported from the State of North Carolina into?
the State of New York, and charging adulteration and misbranding in viola-'?
tion of the Food and Drugs Act.   The product bore no marks, brands, or labels.
Adulteration of the product was alleged in the libel for the reason that it?
had mixed and packed with it, and substituted- in part for it, a certain sub??
stance, to wit, methyl salicylate, in such manner as to reduce, and lower, and?
injuriously affect the quality and strength of said product. Misbranding was?
alleged for the reason that the product was an imitation of and offered for?
sale under the distinctive name of another article, to wit, methyl salicylate,?
in imitation of and offered for sale under the distincth e name of birch oil.
On January 6, 1914, no claimant having appeared for the property, judgment?
of condemnation and forfeiture was entered, and it was ordered by the court?
that the product should be destroyed by the United States marshal.
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, May 26, 1914.