6803. Adulteration and mi&branding of oil of sweet birch. U. S. * * *?
v. 4 Cans * * * of Oil of Sweet Birch. Consent decree of con??
demnation   and   forfeiture.    Product   ordered   released   on   bond.
(F. & D. No. 9180.     I. S. No. 6401-r.    S. No. C-943.)
On August 1, 1918, the United States attorney for the Southern District of?
Ohio, 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 con??
demnation of 4 packages, each containing approximately 54|- pound's of oil of?
birch, consigned on July 13, 1918, by J. B. Johnson, Hickory, N. 0., remaining?
unsold in the original unbroken packages at Cincinnati, Ohio, alleging that the?
article had been shipped and transported from the State of North Carolina into?
the State of Ohio, and charging adulteration and misbranding in violation of?
the Food and Drugs Act, as amended.
Examination of a sample of the product by the Bureau of Chemistry of this?
department showed that it consisted in whole or in part of synthetic methyl?
salicylate.
Adulteration of the article was alleged in the libel for the reason that syn??
thetic methyl salicylate had been mixed and packed therewith so as to reduce,?
lower, and injuriously affect its quality and strength, and had been substituted?
in part for pure oil of birch, which the article purported to be.
Misbranding of the article was alleged for the reason that it was an imitation?
of, and was offered for sale under the distinctive name of, another article, to?
wit, oil of sweet birch, when, in truth and in fact, it was a product consisting?
in part of oil of birch and largely of synthetic methyl salicylate. Misbrand??
ing of the article was alleged for the further reason that it was food in pack??
age form, and the quantity of the contents was not plainly and conspicuously?
marked on the outside of the package, as to weight, measure, or numerical?
count.
On October 8, 1918, the said J. B. Johnson, claimant, having consented to a de??
cree, judgment of condemnation and forfeiture was entered, and it was ordered?
by the court that the product should be released to said claimant upon the?
payment of the costs of the proceedings and the execution of a bond in the?
sum of $1,200, in conformity with section 10 of the act.
C. F. MARVIN, Acting Secretary of Agriculture.