6S4S. Adulteration and misbranding of oil of wintergreen. U. S. * * *?
v. 1 Can of Oil of Wintergreen. Consent decree of condemnation,?
and   forfeiture.     Product   ordered   l-eleased   on   Ijond.     (F.   &  D.   No.
9184.  "i. S. No. 13601-r.    S. No. E-1078.)
On August 6, 1918, 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 one 59-pound can of oil of wintergreen, remaining unsold in?
the original unbroken package at New York, N. Y., alleging that the article had?
been shipped on or about July 12, 1918, 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.
Analysis of a sample of the product by the Bureau of Chemistry of this de??
partment 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 it?
was sold under and by a name recognized in the United States Pharmacopoeia?
which differed from the standard of strength, quality, and purity as determined?
by the test laid down in said Pharmacopoeia, and its strength and purity fell?
below the professed standard and quality under which it was sold; and for the?
further reason that a substance, to wit, synthetic 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 oil of wintergreen,?
which the article purported to be.
Misbranding of the article was alleged for the reason thai it was an imita??
tion of, and offered for sale under the distinctive name of, another article,?
and that the statement on the invoice, to wit, " Wintergreen Oil,"' was false and?
misleading and deceived and misled the purchaser.
On November 2, 1918, the said Thomas J. Ray, Elk Park, N. C, 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 the payment of the costs of the proceedings and the exe??
cution of a bond in the sum of $118, in conformity with section 10 of the act,?
conditioned in part that the product should be relabeled " Imitation Oil of?
Wintergreen."
C. F. MARVIN, Acting Secretary of Agriculture.