7024. Adulteration and misbranding of oil of -wintergreen.    XT. S.     *     *     *
v. 2 Cans * * * of a Product Invoiced as " Oil Wintergreen." 
Consent decree of condemnation and forfeiture. Product ordered 
released on bond.     (P. & D. No. 9320.     I. S. No. 13611-r.     S. No. E-Ill1.)
On September 10, 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 2 cans, amounting to 108 pounds of a product invoiced as 
" Oil Wintergreen," remaining unsold in the original unbroken packages at 
New York, N. Y., alleging that the article had been shipped on or about 
August 15, 1918, by J. B. Johnson, Hickory, N. C, and transported from the 
State of North Carolina into the State of New York, and charging adultera- 
tion and misbranding in violation of the Food and Drugs Act.
Adulteration of the article, considered as a drug, was alleged in the libel 
for the reason that it was sold under and by a name recognized in the U. S. 
Pharmacopceia, and 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. Adulteration of the article, considered as a food, was alleged for the 
reason that a substance, synthetic methyl salicylate, had been mixed and 
packed therewith so as to reduce and lower and injuriously affect its quality 
and strength, and had been substituted in pax*t for oil wintergreen leaf.
Misbranding of the article was alleged for the reason that it was an imita- 
tion of, and was offered for sale under the distinctive name of, another 
article, to wit, oil wintergreen leaf foil wintergreen], and for the further reason 
that the statement on the invoice, " Oil Wintergreen lieaf" fOil Wintergreen], 
was false and misleading and deceived and misled the purchaser.
On March 10, 1919, the said J. B. Johnson, claimant, having consented to a 
decree, judgment of condemnation and forfeiture was entered, and it was or- 
dered 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 $216, in conformity with section 10 of the act, conditioned in part that 
the product should be relabeled as imitation oil of wintergreen.
E. D. BALL, 
Acting Secretary of Agriculture.