1119. Misbranding of Dwarfles Wheatmix and wheat germ. IT. S. v. Dwarfles
Corporation. Plea of guilty. Fine, $225 and costs. (F. D. C. No. 10553.
Sample Nos. 3130-F, 3226-F, 3227-F.)
On December 30, 1943, the United States attorney for the Southern District of
Iowa filed an information against the Dwarfles Corporation, Council Bluffs, Iowa,
alleging shipment on or about September 30, 1942, and January 29, 1943, from
the State of Iowa into the State of Nebraska of quantities of Wheatmix and
wheat germ which were misbranded. The articles were labeled in part: "Dwarfles
Wheatmix," or "Dwarfles Toasted Wheat Germ."
The Wheatmix was alleged to be misbranded in that the statements appearing
in its labeling which represented and suggested that it would make the consumer
healthy and energetic and would maintain body health and energy; that it would
give the consumer sound nerves and a good appetite; that it would insure proper
growth and elimination; and that it would be efficacious in the cure, mitigation,
treatment, or prevention of minor ailments and serious sickness, were false and
misleading since the article would not be efficacious for the purposes recommended
or accomplish the results claimed.
The wheat germ was alleged to be misbranded because of false and misleading
statements appearing in its labeling which represented and suggested that it
would be efficacious in the cure, mitigation, treatment, or prevention of nerve
and digestive ailments; that it would be efficacious to improve morale; that it
would make the user regular and improve hte disposition; that it would be
efficacious in the prevention or treatment of pellagra and vitamin deficiency
diseases, and in the treatment of lowered vitality, headache, nervousness, irrita-
bility, eye trouble, and retarded growth; that it would stimulate the appetite and
improve the digestion of carbohydrates and fats; that it would prevent abnormal
changes in the eyes and failing vision; that it would be of value for prospective
or nursing mothers-; and that it would give the user zest and body vigor and be
efficacious in building red blood cells and replacing worn-out cells. The article
would not be efficacious for the purposes recommended or accomplish the results
claimed.
The articles were also alleged to be misbranded under the provisions of the
law applicable to foods, as reported in the notices of judgment on foods.
On January 25, 1944, the defendant having entered a plea of guilty, the court
imposed a total fine of $225 and costs, the fine on the counts charging violation
of the drug sections of the Act amounting to $75.