16199. Adulteration and  Misbranding of granulated  damiana herb.     IT.  S.
v. 250 Pounds of Granulated Damiana Herb. Default decree of 
condemnation, forfeiture, and destruction. (P. & D. No. 22728. 
I. S. No. 25016-x.    S. No. 731.)
On April 23, 1928, the United States attorney for the Northern District ot 
Ohio, acting upon a report by the Secretary of Agriculture, filed in the District 
Ooui't of the United States for said district a libel praying seizure and con- 
demnation of 250 pounds of granulated damiana herb at Cleveland, Ohio, alleg- 
ing that the article had been shipped by S. B. Penick & Co. (Inc.), New York, 
N. Y., on orf about May 16, 1927, and transported from the State of New York 
into the State of Ohio, and charging adulteration and misbranding in violation 
of the food and drugs act.
Analysis of a sample of the article by this department showed that it con- 
tained 13.2 per cent' of acid-insoluble ash.
It was alleged in the libel that the article was adulterated in that it was sold 
under a name synonymous with the name recognized in the National Formulary 
and differed from the standard of strength, quality, or purity provided by the 
said National Formulary, and in that its strength or purity fell below the 
professed standard or quality under which it was sold.
Misbranding was alleged for the reason that the statement " Granulated 
Damiana Herb," borne on the label, was false and misleading.
On February 7, 1929, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
R. W. DUNLAP, Acting Secretary of Agriculture.