5788. Adulteration and misbranding of oil of birch. TJ. S. * * * v. 3 Cans 
* * * of * * * Oil of Birch. Consent decree of condemnation 
and  forfeiture.     Product   ordered   released   on   bond.      (F.  &   D.   No.
8236.    I.  S. No. 3434-m.     S.  No.  E-845.)
On May 16, 1917, 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 condem- 
nation of 2 cans, each containing approximately 50 pounds of an article pur- 
porting to be oil of birch, remaining unsold in the original unbroken packages 
at New York, N. Y., alleging that the article had been shipped on or about 
April 18, 1917, by T. J. Ray, Elk Park, N. C, and transported from the State 
of North Carolina into the State of New York, and charging adulteration and 
misbranding in violation of the Food and Drugs Act.
Adulteration of the article was alleged in the libel for the reason that it 
contained synthetic methyl salicylate which had been mixed with it so as to 
reduce and lower and injuriously affect its quality and strength, and had been 
substituted wholly or in part for the article.
Adulteration [Misbranding of the article was alleged for the reason that it 
was an imitation of, and offered for sale under the distinctive name of, another 
article, to wit, oil of birch, when it was not such, and for the further reason 
that it was food in package form, arid the quantity of the contents was not 
stated on the outside of the package in terms of weight, measure, or numerical 
count.
On June 27, 1917, the said Thomas J. Ray, claimant, having consented to a 
decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product should be delivered to said claimant upon 
payment of the costs of the proceedings and the filing of a cash bond in the sum 
of $250, in conformity with section 10 of the act, conditioned in part that the 
product should be properly relabeled.
GAEL VROOMAN, Acting Secretary of Agriculture.