10480. Misbranding of Durand's  Swiss herb tea.    V. S.     *     *     *    v. 5 Dozen
Packages and 11}? Dozen Packages * * * of Durand's Swiss 
Herb Tea. Default decrees of condemnation, forfeiture, and 
destruction. (F. & D. Nos. 16323, 16324. Inv. Nos. 37066, 37067. S. Nos. 
E-3901, E-3902.)
On May 16, 1922, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for said district libels for the seizure 
and condemnation of 5 dozen packages and 11M dozen packages of Durand's 
Swiss herb tea, remaining in the original unbroken packages at Philadelphia, 
Pa., consigned by the Durand Medicine Co., Cincinnati, Ohio, alleging that the 
article had been shipped from Cincinnati, Ohio, on or about April 28 (and 
April 1), 1922, and transported from the State of Ohio into the State of Penn- 
sylvania, and charging misbranding in violation of the Food and Drugs Act, 
as amended.
Analysis of a sample of the article by the Bureau of Chemistry of this depart- 
ment showed that it consisted of a mixture of plant drugs, including approxi- 
mately 50 per cent of senna, with smaller amounts of fennel seed, orange peel, 
licorice root, juniper berries, althea root, sassafras bark, lavender flowers, 
buckthorn bark, red clover tops, and saffron.
Misbranding of the article was alleged in substance in the libels for the 
leason that the labels and accompanying circulars contained the following state- 
ments, designs, and devices regarding the curative or therapeutic effects of the 
article, (wrapper label) "* * * To be used against Headache, * * * Dizziness, 
Indigestion, Female Complaints, Liver and Kidney Complaints, Blood and Skin 
diseases, etc.  *   *   *  To Purify Your Blood,  *   *   *  Nature'sOwn Blood Purifier.
* * * Malarial Fever, Chills, * * * Female Troubles, * * * Liver and Kidney 
Troubles, etc. Beautifies the Complexion. * * * For Colds, Coughs, * * * " 
(small circular) "* * * The Great Blood Purifying * * * Remedy. To 
be used against Colds and disorders of the Lungs, Stomach, Liver, Kidneys and 
Bladder; also against Headache, * * * Coughs, Dizziness, Loss of Appe- 
tite, Indigestion, Phlegm, Sleeplessness, Pale Complexion, Weakness, Pains in 
the Limbs, Rheumatism, Inflammation, Toothache, Blood and Skin Diseases, 
and Female Complaints. * * * by taking cold * * * sicknesses may 
result, such as fevers, measles, rheumatism, inflamed and sore throat, cough, 
skin diseases, boils, toothache, earache, headache, neuralgia, swollen glands 
and limbs, and many others. Therefore, as soon as you commence feeling 
badly you should at once take a cup of Durand's Tea. * * * For Use.- 
In all cases of Colds, Chills, Toothache, etc. * * * Cough, Hoarseness, 
Influenza,   Phlegm,    *    *    *    Indigestion,   Headache,   and   in   General,   take
* * * until the desired effect is obtained. * * * a Blood Purifler and 
Liver Regulator, and in * * * Skin Diseases, Boils, Kidney Troubles, and 
all Scrofulous and Chronic Evils, * * * In case of Female Complaints, 
Colds and Costiveness during Pregnancy, this Tea should be made not very 
strong, and taken every day. All these troubles may affect the child more 
than they do the mother. If neglected, they may cause sores and eruptions 
on the child's head, face and ears, for a long time after its birth. For Imper- 
fect or Irregular Menstruation * * *," (circular-price list) " * * * This 
tea * * * can be used in almost every case of sickness, * * * It is a 
valuable remedy for purifying the blood, * * * most excellent for * * * 
Colds, Coughs, Indigestion, Headache, Dizziness, Loss of Appetite, Fluttering 
at the Heart, Pains in the Back and Side, Liver and Kidney Trouble, Rheu- 
matism, Itching of the Skin, Sallow Complexion, Heartburn, Nausea, Bilious- 
ness, and Sleeplessness. If you are suffering with Acidity of the Stomach, 
disgust for food, choking or suffocating sensations when in bed, dimness of 
vision, flatulency, hurried or difficult breathing, inward piles, fulness of blood 
to the head, pimples, or any of the many complaints arising from impure 
blood and want of action of the liver, you should at once commence taking 
Durand's Tea. * * *," which were false and fraudulent in that the said 
article would not produce the curative or therapeutic effects which purchasers 
were led to expect by the said statements, designs, and devices, and .which were 
applied to the said article with a knowledge of their falsity for the purpose 
of defrauding purchasers thereof.
On June 5, 1922, no claimant having appeared for the property, judgments of 
condemnation and forfeiture were entered, and it was ordered by the court that 
the product be destroyed by the United States marshal.
C. W. PTXGSLEY, Acting Secretary of Agriculture.