483. Misbranding of El Panal Cuban Honey. 17. S. v. Albert H. Hoffman (Hoff-
man Health Products Co.). Plea of guilty. Fine, $50. (F. D. C. No. 960.
Sample No. 65858-E.)
This honey was falsely labeled to indicate that it possessed minerals and
other nutritional elements materially in excess of those contained in ordinary
honey. Its label also bore false and misleading representations regarding its
efficacy in the conditions indicated below.
Oh May 28, 1940. the United States attorney for the Southern District of
Florida filed an information against Albert H. Hoffman, trading as Hoffman
Health Products Co.,- Tampa, Fla., alleging shipment on or about October 14, 1939,
from the State of Florida into the State of North Carolina, of a quantity of
El Panal Wonder Honey that was misbranded. The article was labeled in part:
"El Panal Cuban Honey.   Imported direct from Cuba."
The article was alleged to be misbranded in that certain statements in the
labeling were false and misleading since they represented and implied that
it was a "Wonder Honey," i. e., that it differed materially from ordinary honey;
and that it contained minerals which help build nerve, bone, and muscle
tissue materially in excess of those contained in ordinary honey; that it would
supply the elements valuable in ailments resulting from mineral deficiencies in
amounts materially in excess of such minerals found in ordinary honey; that
it possessed proportionately high amounts of potassium, sodium, calcium,
magnesium, iron, phosphorus, chlorine, sulfur, silicon, and undetermined min-
erals; that it possessed value as a food, body builder, and constructive nutri-
tional factor materially in excess of that possessed by ordinary honey; and that
it contained minerals and other nutritional elements lacking in other honey;
1 See also Nos. 426, 427, 429, 431-434, 436-448, 451-454, 459, 460, 468, 470, and 471.
whereas it did not differ materially from ordinary honey. It was alleged
to be misbranded further in that certain statements in the labeling were false
and misleading since they represented that it possessed efficacy as a dietary?(~
supplement in the treatment of sinus, coughs, asthma, hay fever, constipation,?^v.
stomach ulcers, digestive ailments; that it possessed efficacy as a general tonic
and body builder and had produced effective results in the treatment of such
ailments; that it possessed natural healing properties; that it was of great
value to both children and adults who are anemic, have poor appetite and
other symptoms of rundown condition; that it would alkalize, vitalize, and
upbuild the body; that it would aid in preventing respiratory ailments and
would build resistance; that it was efficacious to produce improvement in
general health of children; that it was efficacious in relieving the attacks of
asthma, coughs, and bronchitis; would help remove mucus and was a boon to
raw and inflamed respiratory tracts; that it was efficacious in relieving pain,
reducing inflammation and healing the ulcerous surfaces in ulcers, of the
stomach; that it was efficacious in bowel and colon trouble by helping to
change the intestinal flora, and that its lubricating effect would aid in relieving
pain and discomfort and assist nature to overcome the ailment; that it was an
accessory of great value in many disease conditions; that it was beneficial for
asthma and kindred disorders; that it contained a pollen which would counteract
the pollen which causes hay fever; that it was highly beneficial for stomach
disorders such as ulcers, and for combating constipation; that it was efficacious
for various pathogenic conditions of the body; that its healing properties
were without equal; that it was efficacious to relieve bronchial asthma and
sinus condition and to prevent choking sensation of asthma and to induce
restful sleep; that it was efficacious to heal ulcerated stomach; that it was
efficacious as a tonic and body builder and would induce increase in weight;
that it was efficacious in the treatment of rundown conditions; highly mucous
condition of the throat and chest, and enlarged tonsils; that it would promote
sound restful sleep and build health, and that it had accomplished wonderful
results in the aforesaid conditions; whereas it would not be efficacious for such
purposes.
On July 18, 1941, a plea of guilty was entered on behalf of the defendant
and the court imposed a fine of $50.