1042. Misbranding of Cel-Bio Mineral Tablets, Nos. 1 to 12, incl.    XT. S. v. Fred
N. Haas (Cel-Bio Mineral Food Co.).   Plea of guilty.   Fine, $90 and costs.
(F. D. C. No. 8790.    Sample Nos. 73341-E to 73351-E, incl., 73558-E to 73564-E,
incl.)
On May 12, 1943, the United States attorney for the District of Nebraska filed
an information against Fred N. Haas, trading as the Cel-Bio Mineral Food Co.,
Omaha, Nebr., alleging that he had shipped, on or about May 7 and 8, 1942, from
the State of Nebraska into the State of Iowa, quantities of Cel-Bio Mineral
Tablets Nos. 2, 3, 4, 5, 8, 9, and 11, which were misbranded; and that within
the period from on or about October 1 to 22,1941, the defendant had repacked and
relabeled quantities of Cel-Bio Mineral Tablets Nos. 1, 2, and 3, and Nos. 5 to 12,
inclusive, while they were being held for sale after shipment to him in interstate
commerce from the State of Illinois into the State of Nebraska, which acts by the
defendant resulted in the misbranding of the products.
Analysis of the No. 9 Tablets showed that they consisted essentially of lactose
containing a minute amount of sodium chloride. They were alleged to be
misbranded because of false and misleading statements in their labeling which
represented and suggested that the tablets would enable one to wake up in
the morning with pep; and that they were efficacious in the cure, mitigation,
treatment, or prevention of sneezing, water discharge from the eyes, nose, or
any part of the body, hay fever, rose fever, vomiting of water and mucus, water
blisters on the skin, diarrhea, slimy, transparent stools, inflammation of the eyes,
a salty taste in the mouth, periodical pains, drug poisonings, drug habits, pain-
ful swellings of the ankles or legs, dropsy, dandruff, dry skin, cold sores, and
catarrh with watery discharge.
Analysis of the No. 8 Tablets showed that they consisted essentially of lactose
containing a minute amount of magnesium phosphate." They were alleged to be
misbranded because of false and misleading statements in their labeling which
represented and suggested that the tablets would relax the nerves, relieve pain
due to mineral deficiencies or otherwise, aid in the formation of white fibers
of the nerves and muscles, and overcome contraction of such fibers; and that
they would be efficacious in the cure, mitigation, treatment, or prevention of in-
tense pains, spasms, cramps, shooting pains, spasmodic pains, pains relieved
by heat and aggravated by cold, shaking of the body, twitching of the eyelids,
squinting, contracted pupils, sparks or colors before the eyes, dullness of sight
from weakness of the optic nerves, spasmodic stammering, sensitive teeth, tooth-
ache, constricted feeling in the throat, hiccough, lockjaw, convulsions, epilepsy, St.
Vitus dance, colic, menstrual colic, and whooping cough.
Analysis of the No. 4 Tablets showed that they consisted essentially of lactose
containing a minute amount of iron phosphate. They were alleged to be mis-
branded because of false and misleading statements in their labeling which
represented and suggested that the tablets would be efficacious in the cure, miti-
gation, treatment, or prevention of fever delirium, inflammation, congestion,
soreness to touch or pressure, throbbing pains, pains made worse by movement,
accidental injuries, cuts, bruises, burns, hemorrhage, nose bleed, dizziness
caused by stooping, a rush of blood to the head, flushed face, high blood pressure,
thin blood, slow digestion, belching, diphtheria, pneumonia, smallpox, chicken
pox, measles, scarlet fever, tonsilitis, quinsy, pleurisy, rheumatism, and bleeding
piles.
Analysis of the No. 2 Tablets showed that they consisted essentially of lactose
containing a minute amount of calcium phosphate. They were alleged to be mis-
branded because of false and misleading statements in their labeling which repre-
sented and suggested that they would be efficacious to clear the complexion, to
enable one
 to enjoy health and show it, and to bring about normal action of every
fluid, organ, and tissue in the body, including the brain, heart, lungs, arteries,
veins, bones, teeth, glands, skin, blood, and organs of digestion and assimilation;
and that they would be efficacious in the cure, mitigation, treatment, or preven-
tion of poor circulation, cold- or numbness of the hands and feet, numbness in
any part of the body, decaying teeth, all bone diseases, sluggish glands, sallow
or dirty appearance of the skin, freckles, slow digestion, gas on the stomach
ordinarily relieved by belching, the feeling of a lump in the stomach after eating,
pain that -becomes worse at night, aching bones, headache from wearing a hat,
poor memory, colds from drafts, albumin discharge from any part of the body,
albumin discharge in the urine (Bright's disease), teething disorders, peevish
and fretful children, and too early menstruation in young girls.
Analysis of the No. 11 Tablets showed that they consisted essentially of lac-
tose containing a minute amount of sodium sulfate. They were alleged to
be misbranded because of false and misleading statements in their labeling
which represented and suggested that the tablets would keep the body bile under
control, rid one of a yellow complexion, maintain the right proportions of water
in all tissues, and control bile function; and that they would be efficacious in
the cure, mitigation, treatment, or prevention of a bitter taste in the mouth,
vomiting, yellow color of the skin or eyes, liver spots, severe pains in the liver
region, sick headache with vomiting, dark, greenish stools, gallstones, dropsy,
jaundice, diabetes, giddiness, violent pains at the base of the brain, erysipelas,
excessive secretion of urine, sandy deposits in the urine, gravel, kidney stones,
asthma, a feeling of pressure and uneasiness in the heart region, ague, and
chills with fever.
Analysis of the No. 5 Tablets showed that they consisted essentially of lactose
containing a minute amount of potassium chloride. They were alleged to be
misbranded because of false and misleading statements in their labeling which
represented and suggested that they would keep the blood stream balanced
and thus would enable the user to avoid surgical operations; and that they
would be efficacious in the cure, mitigation, treatment, or prevention of swollen
glands, swelling with pain or soreness in any part of the body, coated tongue,
thick white or gray discharge from any part of the body, earache with swollen
glands and coated tongue, swollen tonsils, deafness from swelling or thickening
of the drum, colds with thick white discharge, diphtheria, pneumonia, smallpox,
chicken pox, measles, scarlet fever, mumps, tonsilitis, burns, and scalds.
Analysis of the No. 3 Tablets showed that they consisted essentially of lactose
containing a minute amount of calcium sulfate. They were alleged to be mis-
branded because of false and misleading statements in their labeling which repre-
sented and suggested that the tablets would keep the body clean within, and
would eliminate pus or filth from the body tissues and give one a healthy skin;
and that they would be efficacious in the cure, mitigation, treatment, or pre-
vention of pimples, cuts or sores slow to heal, pus or matter from boils, car-
buncles, ulcers, or abscesses on any part of the body, catarrh with a yellow pus
discharge, lung trouble with thick yellow pus, cases of accidental injury which
fail to heal, blood and pus or matter in the stools, inflamed eyes or gland trouble
with pus discharge, gum boils, inflammation of the bladder with pus in the
urine, and crust or scald head of children.
Analysis of the No. 12 Tablets showed-that they consisted essentially of lactose
containing a minute amount of silica. They were alleged to be misbranded be-
cause of false and misleading statements in their labeling which represented
and suggested that they would keep the blood stream clean, enable one to
avoid surgical operations, eliminate pus from the body, and build hair, nails,
skin, nerves, and bone tissue; and that they would be efficacious in the cure,
mitigation, treatment, or prevention of falling hair, thin or brittle nails,
unhealthy skin, pus discharge from any part or organ of the body, night sweats,
sweating feet and armpits, the pus stage of boils, felons, ulcers, cai'buncles,
abscesses, fistula, eruptions on the face, tonsilitis characterized by pus formation,
sties on the eyelids, a sore or sensitive scalp, pus in the urine, chronic gonorrhea,
slow mental action, and heavy, pulling pain.
Analysis of the No. 10 Tablets showed them to consist essentially of lactose
containing a minute amount of sodium phosphate. They were alleged to be
misbranded because of false and misleading statements in their labeling which
represented and suggested that they would prevent colds, overcome or control
body acidity, and maintain a proper balance in the blood stream; and that they
were efficacious in the cure, mitigation, treatment, or prevention of sour vomit-
ing, belching, frequent head colds, stomach trouble with acidity, heartburn, in-
digestion, a red and blotched face, worms, canker sores, grinding of the teeth
during sleep, headache, sick headache with vomiting, eyelids glued together in
the morning, diarrhea with green stools, itching of the skin, and ulcerations.
Analysis of the No. 6 Tablets showed that they consisted essentially of lactose
containing a minute amount of potassimu phosphate. They were alleged to be
misbranded because of false and misleading statements in their labeling which
represented and suggested that they were a brain or nerve food and would give
one a clear brain, calm the nerves, and bring happiness; and that they would
be efficacious in the cure, mitigation, treatment, or prevention of nervous dread,
sleeplessness from nervous cause, worry or excitement, conditions aggravated by
noise, brain fag from overwork, loss of memory, hysteria, paralysis, shortness of
breath, palpitation of the heart, aches and pains relieved by gentle movement,
conditions aggravated by mental exertion, a "gone" sensation in the stomach,
hunger after eating, crying moods, cross, fretful children, bashfulness, despond-
ency, worry, foul breath, a foul taste in the mouth, sudden dizzy spells, difficult
speech, and the feeling of a lump in the throat.
Analysis of the No. 1 Tablets showed that they consisted essentially of
lactose containing a minute amount of calcium fluoride. They were alleged to
be misbranded because of false and misleading statements in their labeling
which represented and suggested that they would be efficacious in the building
of vitality and would make one feel and look younger; that they would bring
about perfect muscular action of the vital organs, including the heart, stomach,
arteries, veins, and intestines; that they would aid in the formation of enamel on
the teeth, the covering of the 'bones, and the elastic fiber of all muscular
tissues; and that they would be efficacious in the cure, mitigation, treatment, or
prevention of flabby muscles, double chin, flabby, enlarged abdomen, flabby heart,
flabby valves (leakage, of the heart), falling of the womb, piles, varicose veins,
ruptures, flabby bowels, constipation, flabby arteries (low blood pressure),
hardening of the arteries (high blood pressure), horny, rough skin, rough, thin,
or brittle enamel on the teeth, a tired, "no-pep" feeling, a general bearing down
feeling, cataract of the eye, and enlarged glands.
Analysis of the No. 7 Tablets showed that they consisted essentially of lactose
containing a minute amount of potassium sulphate. They were alleged to be
misbranded because of false and misleading statements in their labeling which
represented and suggested that the tablets would keep the pores of the skin
healthy, promote elimination of waste through the skin, and carry oxygen and
nourishment to the skin and scalp; and they would be efficacious in the cure,
mitigation, treatment, or prevention of fever, chronic catarrh, shifting pains,
hot and dry skin, coated tongue, discharge from a mucus surface, eczema,
erysipelas, ivy poisoning, nettle rash, dandruff, whooping cough, pneumonia,
yellow scales on the skin> eruption of measles, smallpox, and scarlet fever, and
skin trouble with sticky, yellowish secretions.
The articles were alleged to be misbranded further because of false and
misleading statements which represented and suggested, in the case of all the
various products, that the tablets were guaranteed under the Food and Drug
Act of 1906, and, in the case of portions, that they had been repacked in
accordance with the provisions of the act of Congress known as the Federal
Food, Drug, and Cosmetic Act of 1938 and complied in all respects with the
requirements of that Act.
On June 3, 1943, the defendant having entered a plea of guilty, the court
imposed a fine of $5 on each of the 18 counts, totaling $90 plus costs.