933. Misbranding of coconut milk and powdered milk of soya bean.    IT. S. v.
John Bruno Radcliffe (Radclifle Soya Products). Plea of guilty. De-
fendant placed on probation. (F. D. C. No. 7260. Sample Nos. 13603-E,
13800-E, 21643-E, 21644-E, 63220-E.)
On August 11, 1942, the United States attorney for the Northern District of
California filed an information against John Bruno Radcliffe, trading as Radcliffe
Soya Products, San Francisco, Calif., alleging shipment within the period from
on or about February 8,1940, to November 24,1941, from the State of California
into the States of Idaho and Washington of a quantity of drug which was mis-
branded. The articles were labeled in part: (Cans) "Radcliffe's Original
Powdered Milk of Soya Bean," or "Tropical Coconut Milk."
The powdered milk of soya bean was alleged to be misbranded in that the
statements appearing in its labeling which represented and suggested that it
was endorsed by the U. S. Department of Agriculture, Washington, D. C.; that
it was original powdered milk of soya bean, was especially valuable for infant
feeding, and was as good as or better than mother's milk; that it was rich in
vitamins; that it was a nerve, brain, and gland rejuvenator, and would be effica-
cious in the cure, mitigation, treatment or prevention of diabetes were false and
misleading since the article was not endorsed by the U. S. Department of Agricul-
ture, Washington, D. C.; it was not original powdered milk of soya bean; it was
not especially valuable for infant feeding; it was not as good as or better than
mother's milk, and was not rich in vitamins; it was not a nerve, brain, or gland
rejuvenator, and would not be efficacious in the cure, mitigation, treatment, or
prevention of diabetes.
The coconut milk was alleged to be misbranded in that the statements appear-
ing in its labeling, which represented and suggested that it was a tropical coco-
nut milk; that it would provide energy, strength, and vitality to the user; that it
was efficacious for health building, and would be efficacious in the cure, mitiga-
tion, treatment, or prevention of colitis, underweight, weak stomach, stomach
ulcers, nerve exhaustion and sleeplessness, and in the treatment of convalescents;
and that it was rich in vitamins and minerals were false and misleading since
the article was not a tropical coconut milk and would not provide energy, strength,
or vitality to the user; it was not efficacious for health building, and would not
be efficacious in the cure, mitigation, treatment, or prevention of colitis, or
underweight, or weak stomach, stomach ulcers, nerve exhaustion or sleeplessness,
nor in the treatment of convalescents; and it was not rich in vitamins or
minerals.
The articles were also alleged to be misbranded under the provisions of law
applicable to foods as reported in the notices of judgment on foods.
On November 3, 1942, the defendant having entered a plea of guilty, the court
placed him on probation for 2 years.