11345.?Misbranding: of herbs. U. S. v. John J. Cowan (Rheumatism Herb?
Co.).     Plea of guilty.    Fine, $11.     (F. & D. No. 14930.    J. S. No.  10440-t.)
On October 3, 1921, the United States attorney for the Southern District of?
California, acting upon a report by the Secretary of Agriculture, filed in the?
District Court- of the United States for said district an information against?
John J. Cowan, trading as the Rheumatism Herb Co., Santa Monica, Calif,,?
alleging shipment by said defendant, in violation of the Food and Drugs Act,?
as amended, on or about November 9, 1920, from the State of California into?
the State of Colorado, of a quantity of herbs which were misbranded. The?
article was labeled in part: " One pound Herbs * * * Rheumatism Herb?
Co. Venice, California."
Analysis of a sample of the article by the Bureau of Chemistry of this de??
partment showed that it consisted of the dried and moldy leaves of a species?
of eucalyptus.
Misbranding of the article was alleged in substance in the information for?
the reason that certain statements regarding the curative and therapeutic?
effects of the said article, appearing on the packages containing the same,?
falsely and fraudulently represented it to be effective as a treatment, remedy,?
and cure for rheumatism and for all kidney affections, when, in truth and in?
fact, it Was not. Misbranding was alleged for the further reason that the state??
ments, to wit, " One pound Herb " and "An Herb," borne on the said package,?
regarding the article and the ingredients and substances contained therein,?
were false and misleading in that the said statements represented that the?
article consisted wholly of herbs, whereas, in truth and in fact, the said article?
did not consist wholly of herbs, but did consist of eucalyptus leaves.
On February 5, 1923, the defendant entered a plea of guilty to the informa??
tion, and the court imposed a fine of $11.
C. W. PUGSLEY, Acting Secretary of Agriculture.