9591. Misbranding of Blumer's herb tea.    XI. S.     *     *     *     v. Lincoln Chemical
Works, a Corporation.     Plea of guilty.     Fine, $200 and costs.     (F. &
D. No. 12340.    I. S. No. 8108-r.)
On November 30, 1920, the United States attorney for the Northern District 
of Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against 
the Lincoln Chemical Works, a corporation, Chicago, Ill., alleging shipment 
by said company, in violation of the Food and Drugs Act, as amended, on or 
about November 15, 1919, from the State of Illinois into the State of Ne- 
braska, of a quantity of Blumer's herb tea which was misbranded.
Analysis of a sample of the article by the Bureau of Chemistry of this 
department showed that it was a mixture consisting essentially of althea, 
licorice, couch grass, sage, senna, elder flowers, sassafras, with small amounts 
of,anise, fennel, melissa, American saffron, German chamomile, dandelion, 
liverwort, and a trace of lungwort. The weight of the contents of the boxes 
was 4.75 ounces, a shortage of 1.25 ounces from the declared weight, or 20.8 
per cent.
Misbranding of the article was alleged in substance in the information for 
the reason that the statements, to wit, " Blumer's Golden Tonic Herb Tea Is 
an active Blood Purifier A powerful remedy against all Pulmonary Troubles, 
Colds, La Grippe. * * * The only remedy that is unsurpassed for Bladder 
And Kidney Diseases. * * * For Female Complaints and all chronic trou- 
bles * * * A Guaranteed Remedy used for Generations against all Stomach 
Complaints, Lung Troubles and Constitutional weaknesses," appearing on the
wrappers of the boxes containing the article, falsely and fraudulently repre- 
sented it to be effective as an active blood purifier, as a remedy against all 
pulmonary troubles, colds, la grippe, bladder diseases, kidney diseases, as a 
remedy for female complaints and all chronic troubles, as a remedy against 
all stomach complaints, lung troubles, and constitutional weaknesses, when, in 
truth and in fact, it was not. Misbranding was alleged for the further reason 
that the statement, " Contains 6 Oz.," borne on the wrappers of the said boxes, 
was false and misleading in that it represented that each of the boxes con- 
tained 6 ounces of the article, whereas, in truth and in fact, each of the said 
boxes did not contain 6 ounces of the article, but did contain a less amount. 
On July 1, 1921, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $200 and costs.
C. W. PUGSLEY, Acting Secretary of Agriculture.