3218. Adulteration and misbranding; of oil of birch. TJ. S. v. 1 Can of Oil?
of Birch., so called. Default decree of condemnation and forfeiture.?
Product ordered released on bond.     (F. & D. No. 5414.    S. No. 1998.)
On November 8, 1913, the United States Attorney for the Northern District of?
New York, acting upon a report by the Secretary of Agriculture, filed in the Dis??
trict Court of the United States for said district a libel for the seizure and?
condemnation of 1 can, containing approximately 50 pounds of a product pur??
porting to be oil of birch, remaining unsold in the original unbroken packages?
and in the possession of C. F. Polk, Troy, N. Y., alleging that the product had?
been shipped by J. W. Hinkle, Elk Park, N. C-, and transported in interstate?
commerce from the State of North Carolina into the State of New' York, and?
charging adulteration in violation of the Food and Drugs Act.
Adulteration of the product was alleged in the libel for the reason that a?
certain substance consisting chiefly of methyl salicylate had been mixed and?
packed with said article of food so as to reduce, and lower, and injuriously?
affect its quality and strength, and, further, for the reason that said methyl?
salicylate had been substituted wholly or in part for the original oil of birch?
contained therein in such manner as to reduce, lower, and injuriously affect?
the quality and strength thereof, thereby rendering the same unfit for food.
On December 9, 1913, no claimant having appeared for the property, and?
evidence having been submitted on the part of the libelant, judgment of con??
demnation and forfeiture was entered, the court finding the product misbranded?
in that, whereas the same was represented to be oil of birch, in fact and in?
truth, it consisted wholly or in part of methyl salicylate, and that the label?
thereon contained was calculated and intended to deceive and mislead the?
purchaser of said oil of birch, and, further, that the said product was a food?
product and also used in drugs, and was adulterated and deleterious to?
health. It was ordered by the court that the product should be redelivered?
to 0. F. Polk, in whose possession it was found, upon payment of the costs of?
the proceeding and the execution of bond in the sum of $100, in conformity?
with section 10 of the act. When this case was reported for action no claim?
was made that the presence of methyl salicylate in the product rendered it?
unfit for food or that the product was deleterious to health.
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, May 26, 191^.
Supplement]    SERVICE AND REGULATORY ANNOUNCEMENTS.	401