3 J 537. Adulteration arid misbranding' of sage, U. S. v. Mcllvalnc Bros.,?
Inc.,   a.   Corporation.     Plea   of  stxilty.     Fine,   $200.      (F.   &   D.   No.
16963.    I. S. No. 15964-t.)
At the December, 1922, term of the United States District Court, within and?
for the Eastern District of Pennsylvania, the United States attorney for said?
district, acting upon a report by the Secretary of Agriculture, filed in the dis??
trict court aforesaid an information against Mcllvaine Bros., Inc., a corpora??
tion, Philadelphia, Pa., alleging shipment by said company, in violation of the?
Food and Drugs Act, on or about January 10, 1922, from the State of: Penn??
sylvania into the State of New York, of a quantity of sage which was adul??
terated and misbranded. The article was labeled in part: " Mcllvaine's McIB?
Whole Sage   *    *    *   Mcllvaine Brothers    *    *    *    Philadelphia."
Examination of a sample of the article by the Bureau of Chemistry of this?
department showed that it consisted of Greek sage and contained no pure?
whole sage.
Adulteration of the article was alleged in the information for the reason that?
its strength and purity fell below the professed standard and quality under?
which it was sold in that it was sold as pure whole sage, that is to say, Salvia?
officinalis, whereas, in truth and in fact, it was Greek sage, that is to say,?
Salvia triloba.
Misbranding of the article was alleged for the reason that the statements,?
to wit, " Whole Sage " and " Pure," borne on the packages containing the said?
article, regarding the article and the ingredients and substances contained?
therein, were false and misleading in that the said statements represented?
that the article,was pure whole sage, that is to say, Salvia officinalis, whereas,?
in truth and in fact, it was not pure whole sage but was Greek sage, that is to?
say, Salvia triloba. Misbranding was alleged for the further reason that the?
article was a product composed in whole or in part of Greek sage, that is to?
say, Salvia triloba, prepared in imitation of and offered for sale and sold under?
the name of another article, to wit, whole sage, that is to say, Salvia officinalis.
On June 15, 1923, a plea of guilty to the information was entered on behalf of?
the defendant company, and the court imposed a fine of $200.
HOWARD M. GORE, Acting Secretary of Agriculture.