United States v. Two Cans of Oil of Sweet Birch & Three Cans of Oil of Gaultheria
District Court, S.D. New York
Forfeiture under Food and Drugs Act. Fibel by the United States for the seizure and condemnation of two cans of oil of sweet birch and three cans of oil of gaultheria; T. J. Ray, claimant. On claimant’s motion for release of the product under bond.
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Forfeiture under Food and Drugs Act. Fibel by the United States for the seizure and condemnation of two cans of oil of sweet birch and three cans of oil of gaultheria; T. J. Ray, claimant. On claimant’s motion for release of the product under bond. On December 9,1919, 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 that district a libel for the seizure and condemnation Of two cans, each containing 60 pounds, of a product purporting to be oil of sweet birch, and three…
1Opinion of the CourtAugustus N. Hand, District Judge
(after stating the facts as above). The claimant transported in interstate commerce the above-named merchandise, which was misbranded. The articles seized had a much lower market value than the articles which the false labels described. They were branded as oil of birch and oil of wintergreen, which are used in the manufacture of confectionery. The imitations so branded contained but a small percentage of the ingredients, and consisted mainly of a chemical of different composition.
The claimant asks to he allowed to furnish a bond and to have the merchandise released, so that he can sell it by…
2Cited by4 opinions
- Research Laboratories, Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 1948
- 338 Cartons v. United StatesCourt of Appeals for the Fourth Circuit · 1947
- United States v. 893 One-Gallon CansDistrict Court, D. Delaware · 1942
- United States v. 143 Packages Each Containing 3 Bottles of Nue-OvoDistrict Court, W.D. Washington · 1943