25141. Misbranding of American Desert Tea.    U. S. v. 110 Envelopes of Ameri- 
can  Desert   Tea.    Default  decree  of  condemnation  and  destruction.
(F. & D. no. 36128.    Sample no. 35269-B.)
This case involved a product, the labeling of which contained unwarranted 
curative and therapeutic claims.
On August 13, 1935, the United States attorney for the Southern District of 
Ohio, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 110 envelopes of Ameri- 
can Desert Tea at Cincinnati, Ohio, alleging that the article had been shipped 
in interstate commerce on or about February 15, 1935, by the American Desert 
Tea Co., from Hollywood, Calif., and charging misbranding in violation of the 
Foods and Drugs Act as amended.
Analysis showed that the article consisted essentially of a species of Ephedra.
The article was alleged to be misbranded in that the following statements 
on the envelopes regarding its curative or therapeutic effects were false and 
fraudulent: "* * * with wonderful medical qualities * * * one of 
Mother Nature's Remedies * * * Recommended for Stomach, Kidney and 
Bladder Troubles, especially Insomnia. Try it for Rheumatism, Neuritis, 
Arthritis and Asthma. The Indians and Chinese recommend it highly as a 
Blood Purifier, eliminating the Uric Acid from the Blood. * * * Two cups 
served hot upon retiring promotes a sound and refreshing sleep. * * * In 
case of stomach trouble or acidity, benefits should be derived the second day."
On September 18, 1935, no claimant having appeared, judgment of con- 
demnation was entered and it was ordered that the product be destroyed.
W. R. GEEGG, Acting Secretary of Agriculture.