5337. Fenugreek seed, yerba mate, and toasted yerba mate.   (F. D. C. No. 39004.
S. Nos. 40-035 M, 40-038/9 M, 40-053/8 M.)
?QUANTITY:   1   170-lb. drum, 1   154-lb. drum, 8   10-oz. pkgs., and 48   2%-oz.
pkgs. of fenugreek seed; 27   50-lb. boxes, 1   25-lb. drum, 53   1-oz. pkgs., and
49   6?-oz. pkgs. of yerba mate; 41   78-lb. boxes, 1   35-lb. drum, 25   1-oz.
pkgs., and 19   6^-oz. pkgs. of toasted yerba mati, at Hammond, Ind., in
possession of Indiana Botanic Gardens.
SHIPPED :   Between 4-5-55 and 2-29-56, from North Bergen, N. J., Jersey City,
N. J., Chicago, 111., and Curitiba, Brazil.
LABEL IN PAET: (Pkg.) "Fenugreek (Trigonella Foenum Graecum) Part
used-The seeds"; "Yerba Mate (Dex Paraguensis) Other Common Names:
Jesuit's Tea, Brazil Tea, Jerusalem Tea or Mate, Paraguay Tea Part used-
The leaves"; "T-Mate (Toasted Yerba Mate) (Llex Paraguensis) Other
Common Names: Jesuit's Tea, Brazil Tea, Jerusalem Tea or Mate, Paraguay
Tea   Part used-The leaves."
ACCOMPANYING LABELING: Booklets entitled "Herbal Catalog" and the 1948,
1951, 1952, 1955, and 1956 editions of a booklet entitled "The Herbalist
Almanac."
RESULTS OP INVESTIGATION :   The articles were shipped in interstate commerce
in bulk; and, upon their receipt, the consignee repacked portions of the articles
into packages labeled as described above.   The booklets were printed locally
for the consignee and were distributed to former and prospective customers,
to promote the sale of the various products advertised in them.
LIBELED :    3-29-56, N. Dist. Ind.
?See also Nos. 5322, 5325, 5326, 5333-5335.
CHARGE:   502 (a)-the labeling accompanying the articles, while held for sale,,
contained the following false and misleading representations:
1.?That the fenugreek seed had the same composition and properties as-
cod liver oil; that it served as an adequate substitute for cod liver oil in.
nutritive value and for medicinal use; and that it was effective in the treat-
ment of scrofula, rickets, anemia, and debility following infectious diseases;
and
2.?That the yerba mate" and toasted yerba mate" were a "miracle herb";
that their use would give one strength and endurance, produce mental ex-
hilaration, bodily comfort, and refreshment without subsequent depression;
that their use would facilitate digestion without disturbing sleep; that they
were soothing to the nerves; that they would relieve physical or mental
strain; that they would reduce the appetite; that they were an effective
treatment for "dizzy spells," asthma, sciatic rheumatism, and nervousness;
that they would give the user strength and pep; and that they would enable
one to do a great deal of work with little food.
DISPOSITION: 9-7-56. Default-portion of booklets delivered to Food and
Drug Administration and remainder, together with the drugs, destroyed.