3679. Misbranding of mate, toasted mate, and Herva-Mate.   U. S. v. 17 Cases,
etc.    (F. D. C. No. 31352.    Sample Nos. 9033-L, 9034-L.)
LIBEL FILED : On or about July 24,1951, Eastern District of Wisconsin.
ALLEGED SHIPMENT : On or about October 9,1948, by the National Matte Institute
of Brazil, from New York, N. Y.
PBODTJCT : 17 50-pound cases of mate", 2 50-pound cases of toasted mate", and
56 8-ounce packages of Serve-Mat^ at Appleton, Wis., in possession of Merritt
R. Miller & Sons Co. In addition, a number of folders bearing on the front
panel a picture of Indians, a slain leopard, ,and a small tree, and one folder
headed "National Matte Institute of Brazil," had been shipped by the National
Matte Institute of Brazil, from New York, N. Y., on or about October 19, 1948.
RESULTS OF INVESTIGATION : The 56 packages of the product had been repacked
by the consignee from the 17-case lot and labeled, in part, "Herva-Mate." The
consignee had on hand 3,000 labels intended for use in repackaging the ar-
ticle,.100 envelopes, 5,000 folders entitled "The Message of Mate," 1,000 circular
letters headed "Merritt R. Miller" and addressed to "Dear Friend," a number
of leaflets entitled "Keep Well with Herva Mate," and a number of circulars
headed "A Proposition Where You Do Not Beg Nor Coax for Orders," all of
which labeling contained statements relating to the articles.
LABEL, IN PABT: (17 cases) "Instituto Nacional Do Mate Merritt R. Miller &
Sons Co. Appleton, Wisconsin" ; (2 cases) "Product of Standard Black Matte
Tea Toasted Matte Merritt R. Miller & Sons Co. Appleton, Wisconsin";
(folder headed "National Matte Institute of Brazil") "per 100 grams * * *
Vitamin A 1800 I. U. (mostly as beta-carotene)    Vitamin Bi 57 I. U.   Vitamin
B2 (G) 62 gamma riboflavin (24 Sherman-Bourquin Units) Vitamin C
135 I. U."
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements in the
folder headed "National Matte Institute of Brazil," relating to the produces
labeled "niat?" and "toasted mate," were false and misleading. These state-
ments represented and suggested that the articles were effective to restore
health, to maintain health, and to restore exhausted energies and the strength
of youth; that they were tonics; that they would have no harmful reactions;
that they would enable one to do a wonderful amount of work on little food;
that they would facilitate digestion without disturbing the sleep; that they
would help the functioning of the intestines and kidneys; and that when used as
directed, the articles would supply significant amounts of vitamins A, Bi, B2
(G), and C. The articles were not effective for the purposes stated and
implied; they were not capable of fulfilling the promises of benefit made for
them; and when used as directed, they would not supply significant amounts of
vitamins A, Bi, B2 (G), and C. The maH and the toasted mate were misbranded
in the above respects when introduced into and while in interstate commerce.
The articles, including the portion labeled "Herva-MateV were misbranded
under Section 502 (a), in that certain statements in the labeling, namely, the
package label, the sample envelopes, the folders entitled "The Message of
MateV' the circular letters headed "Merritt R. Miller," the leaflets entitled
"Keep Well with Herva MateV' and the circulars headed "A Proposition Where
You Do Not Beg Nor Coax for Orders," were false and misleading. These
statements represented and suggested that the articles were effective for health
and vigor; that they were effective to overcome nervousness; that they were
effective to induce sound, refreshing sleep; that they were Rood for the
digestion; that they would avert hunger pangs; that they would be effective
in weight reduction; that they would supply vigor and endurance; that they
would supply many minerals vital to the body, and three important vitamins;
that they would be of value in the treatment of nervousness, digestive diffi-
culties, sleeplessness, run-down condition, loss of vigor, etc.; that they would
prevent hunger sensation or discomfort when used instead of food; that they
would make a healthful beverage; that they would be useful in correcting
bodily weakness and maintaining bodily vigor; that they would give rugged-
ness; that they would sustain one in long rides under summer sun and in
winter cold; that they would keep the kidneys healthy, the liver regular, and
the stomach "at peace"; that they would tend to prevent kidney and liver ail-
ments; that they would cause stomach complaints due to overloading to
disappear; that they would still the pangs of hunger; that they would serve
fleshy people as a food substitute; that they would be effective in digestive
ailments; that they would be beneficial in those cases in which tea and ccffee
might be harmful; that they would be directly helpful in digestion and to
help tone up suffering organs; that they would keep organs that are in good
condition in health; that their chlorophyll content would act as a tonic; that
they would supply albumen and glycol; that they would cause one who is
feeling downcast all the time, has backaches, worries about the future, does
not sleep well, is "nervous as a cat," whose digestion is out of shape, to feel
better, and if their use is continued, they would effect a cure; that they would
enable a half person to be a person plus; that they would be effective for
underweight; that they would supply digestive stimulation; that they would
induce the digestion of the more nourishing foods; that they would increase
bodily vigor; that they would help the body help itself; that they would be
effective in the relief of those who are suffering from our common ailments ;
that they would improve health and give one ability to eat almost everything
without distress; that they would effect all around health improvement; that
they would enable one to keep well; that they would supply good health to
the sick, vigor to the weak, and slimness to the stout, add joy to life, and
make natural beauty; that they would build resistance against colds; that
they would benefit those afflicted with stomach, kidney, and liver complaints;
that they would keep an 85-year-old person well and hearty; that they would
give relief from nervousness and enable one to sleep soundly; that they would
nullify over-indulgence in any form and afford healing; that they would
enable one to live several days without solid food; that they would act di-
rectly on the muscles without affecting the nerve centers; that they would
act as a brain tonic; that they would give force and energy and constitute a
reservoir of vitality; that they belong in the first rank of economic foods,-
because they are digestive, stimulating assimilation, and have a laxative,
sudorific action; that they would be effective for weak people; that they do
not act strongly on the nerves but soothe and quiet them; that they leave no
disagreeable aftereffects; that they do not cause insomnia; that they are
useful for those who suffer from debility or neurasthenia; that they would
preserve beauty; that they had restorative qualities; that they would
strengthen the body, brain, and nerves; that they would enable one to gain or
regain grand abounding health; that three out of every five adults need the
article; that they confer upon all great benefit; that in certain illnesses and
body conditions, they bring sure relief; and that they are a first-grade nutrient.
The articles were misbranded in the latter respects while held for sale after
shipment in interstate commerce.
DISPOSITION : January 29, 1952. Default decree of condemnation and destruc-
tion.