9988. Adulteration and misbranding of Bee Brand rubbed sage. U. S. * * * 
v. McCormick A Co., a Corporation. Plea of nolo contendere. Fine, 
$10 and costs.    (F. & D. No. 14931.    I. S. Nos. 8649-t, 8656-t.)
On November 14, 1921, the United States attorney for the District of Mary- 
land, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said district an information against McCormick & 
Co., a corporation, Baltimore, Md., alleging shipment by said company, in viola- 
tion of the Food and Drugs Act, on or about October 5 and 14, .1920, respectively, 
from the State of Maryland into the District of Columbia and the State of Vir- 
ginia, respectively, of quantities of Bee Brand rubbed sage which was adul- 
terated and misbranded.
Analyses of samples of the article by the Bureau of Chemistry of this depart- 
ment showed that it was Greek sage.
Adulteration of the article was alleged in the information for the reason that 
a substance other than rubbed sage (Salvia officinalis), to wit, Greek sage (Salvia
triloba), had been substituted in whole or in part for rubbed sage, which the 
-article purported to be.
Misbranding was alleged for the reason that the statement, to wit, " Rubbed 
Sage," borne on the package containing the article, regarding the article and 
the ingredients and substances contained therein, was false and misleading in 
that it represented that the said article consisted of rubbed sage, a variety of 
;sage known as Salvia officinalis, and for the further reason that the article was 
labeled as aforesaid so as to deceive and mislead the purchaser into the belief 
that It was rubbed sage, whereas, in truth and in fact, it was not rubbed sage, 
but was a product composed in whole or in part of Greek sage, a variety of 
sage known as Salvia triloba. Misbranding was alleged for the further reason 
that the article was a product composed in whole or in part of Greek sage, a 
variety known as Salvia triloba, prepared in imitation of rubbed sage, a variety 
known as Salvia officinalis, and was offered for sale under the distinctive name 
of another article, to wit, rubbed sage.
On November 14, 1921, a plea of nolo contendere to the information was 
entered on behalf of the defendant company, and the court imposed a fine of $10 
and costs.
C. W. PUGSLEY, Acting Secretary of Agriculture,