1131. Misbranding: of Hello Minerals. TJ. S. v. 3 Dozen Bottles and 3 Dozen
Bottles of Hello Minerals. Default decree of condemnation and destruc-
tion.     (F. D. C. No. 10360.    Sample No. 33849-F,)
On August 6,1943, the United States attorney for the Western District of New
York filed a libel against 3 dozen 500-tablet bottles and 3 dozen 160-tablet
bottles of Helio Minerals at Buffalo, N. Y., alleging that the article had been
shipped on or about June 7 and July 30,1943, from Detroit, Mich., by the Gordon
Service, Inc.; and charging that it was misbranded.
Examination disclosed that the article consisted essentially of seaweed, alfalfa,
and parsley leaves, and that 6 tablets, the number directed to be taken in 1 day,
would provide only about Ms of the minimum daily adult requirement for calcium,
'?o of the minimum daily adult requirement for phosphorus, ? of the mini-
mum daily requirement of iron for adults and children over 6 years of age, and
? of the minimum daily requirement of iron for children under 6 years of age.
The amount of copper provided was essentially inconsequential.
The article was alleged to be misbranded (1) in that the designation in its
labeling, "Helio Minerals," was false and misleading as applied to a product which
consisted essentially of seaweed, alfalfa, and parsley leaves; (2) in that the
statements on its label, "(Dietary Supplement) Contain in Organic (natural)
form all of the minerals now known to be essential to nutrition, especially rich
in iron, copper," were false and misleading since the article, when taken in
accordance with the directions on the label, "3 tablets after breakfast and 3
tablets after evening meal * * * Children over, three can be given same
amount," would provide but a small fraction of the requirement of adults or
children for calcium, phosphorus, and iron, minerals which are known to be
essential to nutrition; and also since the article supplied but an inconsequential
trace of copper; and (3) in that the statements on its label, "Helio Minerals
are prepared in the laboratories of an internationally recognized scientist from
his own selection of Macrosystis Pyrifera (Giant Kelp) so as to retain their
amazing content of minerals," and "Helio Minerals were prepared to supply
minerals in large enough amounts to be of real value," were false and misleading
since the article was prepared from seaweed (kelp), alfalfa, and parsley leaves,
products which do not contain an unusual proportion of mineral constituents;
and, when taken as directed, it would supply but a small fraction of the minerals
now known to be essential to nutrition. It was alleged to be misbranded further
because of false and misleading statements in a circular entitled "Feel Better
Look Better Helio Minerals and Helio Natural B-Complex," which accom-
panied the article, and which represented and suggested that the article would
be effective, either alone or in combination with vitamin B-Complex, to fulfill the
promises of benefits stated and implied therein, viz., that it would enrich the
blood, soothe the nerves, add^energy, repair the body, and increase resistance
to disease; that it would make the user feel better and look better; that it would
protect the bones and teeth, strengthen the nerves, insure good digestion, keep
tissues flexible and active, prevent poor muscular control, neutralize excess acids,
produce internal cleanliness, aid in the treatment of rheumatism, skin, and other
diseases, help one to sleep better, stimulate the appetite, regulate constipation, and
strengthen the heart; that it would prevent neuritis, premature aging, cracking of
lips, loss of hair, atrophy of oil glands, and loss of weight; and that it would
promote growth, strengthen vision, courage, and morale, restore color to graying
hair, and reduce dark coloring in birthmarks and freckles.
The article was also alleged to be misbranded under the provisions of the law
applicable to foods, as reported in notices of judgment on foods.
On September 20, 1943, no claimant having appeared, judgment of condemna-
tion was entered and the product was ordered destroyed.