7025. Adulteration and misbranding of bircb oil. U. S. * * * v. 4 55- Pound Cans of BircU Oil. Consent decree of condemnation and forfeiture. Product ordered released on bond. (F. & D. No. 9321. I. S. No. 13613-r. S. No. E-1113.) On September 11, 1918, the United States attorney for the Eastern 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 4 55-pound cans of birch oil at Brooklyn, N. Y., alleging that the article had been shipped on or about August 27, 1918, by M. G. Teaster, Johnson City, Tenn., and transported from the State of Tennessee into the State of New York, and charging adulteration and misbranding in violation of the Food and Drugs Act. The article was labeled in part, " Birch Oil. From M. G. Teaster, Elk Park, N. C." 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 United States Pharmacopceia arid differed from the standard of strength, quality, and purity as determined by the test laid down in said Pharmacopoeia, official at the time of the investigation, and in that its strength and purity fell below the Drofessed standard and aualitv under which it was sold. Adulteration of the article, considered as a food, was alleged for the reason that a certain sub- stance, to wit, synthetic methyl salicylate, had been mixed and packed there- with so as to reduce and lower and injuriously affect its quality and strength, and had been substituted in part for the article. Misbranding of the article, considered as a drug, was alleged for the reason that it was an imitation of, and was offered for sale under the name of, an- other article, and, considered as a food, for the reason that it was an imita- tion of, and was offered for sale under the distinctive name of, another article, and in that the statement " Birch Oil" was false and misleading and de- ceived and misled the purchaser. On November 1, 1918, the said Millard G. Teaster, claimant, having con- sented to a decree, judgment of condemnation and forfeiture was entered, and it was ordered by the court that the product should be released to said claim- ant upon the payment of the costs of the proceedings and the execution of a bond in the sum of $832, in conformity with section 10 of the act, conditioned in part that said product should be properly relabeled. E. D. BALL, Acting Secretary of Agriculture.