1329. Misbranding of Formula No. 4 and Formula No. 13.   V. S. v. 94 Packages of Formula
No. 4 and 52 Packages of Formula No. 13.   Default decree of condemnation and
destruction.    (F. D. C. No. 11447.   Sample Nos. 53826-F, 53828-F.)
On December 22, 1943, the United States attorney for the District of
Arizona filed a libel against 94 packages of Formula No. 4 and 52 packages
of Formula No. 13 at Tucson, Ariz., alleging that the articles had been shipped
on or about November 9, 1943, by the Dietary Research Laboratories, Los
Angeles, Calif.; and charging that they were misbranded. The articles were .
labeled in part: "Supplemental Concentrates Formula No. 4 20 Vegetable
Concentrates Combined with Raw Liver, Heart Muscle and Stomach Lining
Vitamins A, B, D, E and G Present in their Natural Form," and "Formula
No. 13   Garlic-Parsley."
Examination of the Formula No. 4 disclosed that it consisted essentially
of alfalfa and wheat with small amounts of other vegetable material and
possibly animal tissue. It was alleged to be misbranded in that the statements
in the labeling, "The materials for this tablet were selected for their proper-
ties of blood regeneration. A healthy blood stream is the first basic require-
ment of health," were false and misleading since the article would not be
effective in regenerating blood or in producing a healthy blood stream.
Examination of the Formula No. 13 disclosed that it consisted essentially
of garlic and parsley. It was alleged to be misbranded in that the statements
in the labeling, "A Dietary Supplement in the presence of High Blood
Pressure," and "A dietary supplement processed and formulated to provide
an effective adjuvant to the regular or prescribed diet," were false and mis-
leading since the article would not be effective in relieving high blood pres-
sure, and was not an adjuvant to the diet.
The articles were also alleged to be misbranded under the provisions of
the law applicable to foods, a's reported in notices of judgment on foods.
On February 7, 1944, no claimant having appeared, judgment of con-
demnation was entered and the products were ordered destroyed.