25083. Misbranding of American Desert Tea. U. S. v. Russell A. Treacy and 
William Francis Newgrass, of cers of the American Desert Tea Co., 
Inc., a corporation. Pleas of guilty. Treacy fined $150; Newgrass, 
$100. (F. & D. no. 33905. Sample nos. 40598-A, 56338-A, 56339-A, 
60670-A.)
Unwarranted curative and therapeutic claims were made for this product.
On June 7, 1935, the United States attorney for the Southern District of 
California, acting on a report by the Secretary of Agriculture, filed in the 
district court an information against Russell A. Treacy and William Francis 
Newgrass, secretary and acting manager, respectively, of the American Desert 
Tea Co., Inc., a corporation theretofore existing under the laws of California, 
and having a place of business at Los Angeles, Calif., and two others, alleging 
shipments by the several defendants, in violation of the Food and Drugs Act, 
on or about August 7 and October 18, 1933, and February 16, 1934, from Holly- 
wood, Calif., to places in several other States, of quantities of American Desert 
Tea which was misbranded. The article was labeled in part: (Carton) 
"American Desert Tea Trade Mark Reg. U. S. Pat. Off. * * * The Original 
Desert Nature Drink."
Analysis showed that the material contained in the article consisted essen- 
tially of a dry cut herb identified as a species of Ephedra.
The information was in 11 counts. The case was dismissed as to one of 
the two defendants who are unnamed in this notice of judgment, and as to the 
other thereof there has been no judgment on any count. All counts, excepting 
counts 1 and 3, were dismissed with respect to defendant Treacy, and all 
excepting count 7 were dismissed with respect to defendant Newgrass.
In the first count of the information, the article was alleged to be mis- 
branded in that its cartons bore, and a circular enclosed in the cartons con- 
tained, false and fraudulent statements that the article was effective, among 
other things, as a health food; effective as a treatment, remedy, and cure for
a variety of troubles; to insure health, youth, and beauty, health of body 
and mind, and to promote sound and refreshing sleep; effective as a treatment, 
remedy, and cure for stomach trouble or acidity, insomnia, constipation, run- 
down blood condition, loss of appetite, intestinal influenza, flu, kidney and 
bladder trouble, gastric ulcers, arthritis of the knee, neuritis, swollen joints, 
different ailments, rheumatism, nervousness, paralysis, stomach and liver 
trouble, backache, and piles; effective as a builder and as a blood purifier; 
and effective to clean out the kidneys and intestines.
In the second count of the information, the article was alleged to be mis- 
branded in that its cartons bore and a circular and leaflet enclosed in the car- 
tons contained false and fraudulent statements the same as those set out in 
count 1, excepting the statement therein that the article was effective "as a 
builder", and the following additional false and fraudulent statements, to wit, 
that the article was effective, among other things, as a treatment, remedy, 
and cure for derangements of the system; effective as an invigorator and to give 
rest, better feeling, pep, vim, and vigor; effective to insure contentment, strength 
of body and mind; and effective as a treatment, remedy, and cure for rest- 
less and sleepless nights, arthritis, lumbago, diabetes, asthma, and catarrh; 
and effective as a tonic and to keep the system in a clean healthy condition.
In the seventh count of the information, the article was alleged to be 
misbranded in that its cartons bore, and envelopes and a circular enclosed 
therein, contained false and fraudulent statements the same as those set out 
in count 1. and the following additional false and fraudulent statement, to 
wit, that the article was effective to eliminate the uric acid from the blood.
On October 1, ]935, defendant Treacy pleaded guilty to counts 1 and 3 and 
was fined $150, and defendant Newgrass pleaded guilty to count 7 and was 
fined $100.
W. R. GEEGG, Acting Secretary of Agriculture.