18490. MisbrandinST of Lincoln tea.    U.  S. v. 10%  Dozen Packages, et al.,
of Lincoln Tea. Default decree of condemnation, forfeiture, and 
destruction. (P. & D. Nos. 25550, 25551. I. S. Nos. 11668, 11670. S. 
Nos. 3817, 3824.)
Examination of a drug product, known as Lincoln tea, having shown that 
the carton label and accompanying circular bore statements representing that 
the article possessed curative and therapeutic properties which it did not 
possess, the Secretary of Agriculture reported to the United States attorney 
for the Northern District of California the shipment herein described, involving 
a quantity of the product located at San Francisco, Calif.
On December 31, 1930, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel, and on February 16, 
1931, an amended libel, praying seizure and condemnation of 44% dozen pack- 
ages of Lincoln tea, remaining in the original unbroken packages at San Fran- 
cisco, Calif., alleging that the article had been shipped by the Fort Wayne 
Drug Co., from Fort Wayne, Ind., on or about October 25, 1930, and had been 
transported from the State of Indiana into the State of California, and charging 
misbranding in violation of the food and drugs act as amended.
Analysis of a sample of the article by this department showed that it con- 
sisted of plant drugs including senna, couch grass, star anise, camomile, and 
coriander.
It was alleged in the libel as amended that the article was misbranded in 
that the following statements regarding the curative and therapeutic effects 
of the said article, appearing on the carton and in the circular, were false and 
fraudulent, since it contained no ingredient or combination of ingredients ca- 
pable of producing the effects claimed: (Carton) "Lincoln Tea for the Liver 
and Kidneys. Composed entirely of roots and herbs, a simple vegetable com- 
bination which assists nature in cleaning up the harmful effects of over-eating 
and unwholesome food. * * * an aid in purifying the Blood, and is ex- 
cellent in cases of Dyspepsia, * * * and similar ailments due to a sluggish 
or inactive condition of the Bowels;" (circular) "Lincoln Tea is an Excellent 
Remedy for Headache, Scrofula, Constipation, Kidney Trouble, Indigestion, 
Biliousness, Heartburn, and other troubles arising from disordered weak 
digestion or inactive Kidneys or Liver. * * * a medicine which will help 
build up the weakened system to its normal condition. * * * Lincoln Tea 
is a combination of simple herbs and roots which help nature to throw off the 
harmful excess which comes from overeating and from unwholesome food. This 
excess may result in poisoned blood, which brings on Kidney, Stomach and 
Bowel disorders. Rheumatism is also attributed to imperfect elimination and 
inactive liver and kidneys, and many other ailments can be traced to the same 
cause.   If you are a victim of poor elimination, that is to say, if your bowels
are not performing their function properly, give Lincoln Tea a trial. Use it 
according to directions faithfully for a month or two. The regular discharge 
of waste matter from the system will greatly improve the bodily condition and 
greater endurance, more vitality, a clear mind, and elastic step will be the 
outcome. Lincoln Tea for Stomach. Bowels and Liver * * * Impure Blood 
Is Usually the Result of Constipation, a sluggish condition of the bowels caused 
by torpid liver, and a failure to properly discharge the waste product of di- 
gestion. If this condition is not promptly corrected the poisons produced will 
be absorbed into the system, resulting in Liver, Kidney, Stomach and Bowel 
troubles. Lincoln Tea, when taken with regularity, will open up the clogged 
sewer of the system and remove the primary cause of impure Blood."
On June 27, 1931, 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.
ARTHUR M. HYDE, Secretary of Agriculture.