21199. Adulteration and Misbranding of Burbank Tea (dried alfalfa). 
TI. S. v. 51 Packages of Dried Alfalfa. Default decree of con- 
demnation, forfeiture, and destruction. (F. & D. no. 30124. Sample 
no. 36594-A.)
This case involved a shipment of dried alfalfa sold under the name of 
Burbank American Vegetable Tea. The labeling of the article bore unwar- 
ranted curative and therapeutic claims; it was also labeled to convey the 
erroneous impression that it was tea of the Orange Pekoe type; the label failed 
to bear a plain and conspicuous statement of the quantity of the contents, since 
the statement appeared inconspicuously on the rear panel of the carton.
On April 26, 1933, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 51 packages of dried 
alfalfa at Chicago, Ill. alleging that the article had been shipped in interstate 
commerce, March 28, 1932, by the California Vegetized Products Co., from Bur- 
bank, Calif., and charging adulteration and misbranding in violation of the 
Food and Drugs Act as amended.   The article was labeled in part: (Carton)
"Burbank American Vegetable Tea Orange Pekoe Type Green   *   *   *   5 02 
when packed Vegetized Foods, Inc. Burbank, California."
Analysis of a sample of the article by this Department showed that it con- 
sisted of dried alfalfa.
It was alleged in the libel that the article was adulterated in that dried 
alfalfa had been substituted for tea of the Orange Pekoe type which the article, 
by reason of the labeling, purported to be.
It was further alleged in the libel that the article was misbranded under 
the provisions of the act relating to food, in that the statement on the label, 
" Green Tea Orange Pekoe Type ", was false and misleading and deceived and 
misled the purchaser; for the further reason that the article was offered for 
sale under the distinctive name of another article; and for the further reason 
that it was in package form and did not bear a plain and conspicuous statement 
of the quantity of the contents.   Misbranding was alleged under the provisions 
of the act relating to drugs, in that the following statements regarding its 
curative or therapeutic effects were false and fraudulent: (Circular) "*   *   * 
so necessary for maintenance of normal blood plasma . . . restoring alkaline 
reserve  .  .  .  and assuring system  alkalization.    *    *    *    Containing pro- 
teins and immediately available materials for the construction of haemoglobin 
and red blood corpuscles . . . recommended as a tonic in nutritional and sec- 
ondary anaemias, general blood impoverishment, dietary deficiencies, malnutri- 
tion and gastro-intestinal disturbances, and debilitated states.   The frequent 
drinking of Burbank Vegetable Tea in conditions also lated with loss of appe- 
tite, nervousness, and sensitiveness of the gastro-intestinal tract should increase 
the appetite and stimulate digestion and assimilation . . . resulting in improved 
intellectual and physical vigor and body weight.    *    *   *   restores a healthy 
tone to the nervous system, stimulates the function of nutrition . . . assists 
in  regulating constructive metabolism . . . increased  energy production  and 
muscle tone.    Serving as a universal tonic in convalescence from illness or sur- 
gical operations . . . for overworked business men and weak, nervous women. 
Every child's diet should be supplemented with Burbank Vegetable Tea as 
children often refuse to eat a sufficient quantity or variety of vegetables to 
supply the necessary mineral elements.   The result is often a languid, irritable 
child who is pale and underweight . . . who lacks resistance to disease . . . 
who suffers from colds and constipation . . . poor eyesight . . . soft,  chalky 
teeth that decay easily . . . and who is generally run down and anaemic.   For 
*    *    *    Children    *    *    *    invaluable for grown-ups and children.    *    *    * 
One child in three is undernourished, not necessarily from lack of food, but 
from lack of the proper elements of food.    *    *    *    They will like the rich, 
nourishing flavor, and at every serving they will get a portion of their daily 
requirement of health-building and protecting mineral salts.   For Expectant 
and Nursing Mothers   Child bearing and child nursing mean an extra demand 
upon the strength and energy of the mother . . . and a severe loss of calcium 
during the period of gestation, which must be replaced to preserve the mother's 
teeth and assure the future integrity.of the teeth of the child.   To assist in 
supplying this important element, drink Burbank Tea copiously and frequently. 
In Old Age   *    *    *   assist digestive function, which is often weak or im- 
paired.    *   *    *   As a refreshing restorative in mental and physical fatigue 
and proper functioning of the digestive tract with improved elimination through 
the kidneys.   *    *    *   For its invigorating, strensthening, tonic properties and 
to assist in supplying the loss of Iron, Calcium, Phosphorous, and other neces- 
sary elements."
On June 15, 1933, 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.
M. L. WILSON, Acting Secretary of Agriculture.