1439. Misbranding of Lock's 9.12 Formula. TJ. S. v. 168 Packages of Lock's 9.12
Formula. Default decree of condemnation. Product ordered delivered
to the National Zoological Park, for use as animal feed. - (F. D. C. No.
13361.    Sample No. 79299-F.)
On August 17, 1944, the United States attorney for fhe District of Columbia
filed a libel against 168 packages of Lock's 9.12 Formula at Washington, D. C,
alleging that the article had been shipped on or about August 2, 1944, by Lock's
Laboratories, New York, N. Y.
Examination of a sample showed that the article consisted of approximately
63 percent of wheat germ with smaller proportions of other ingredients, in-
cluding seaweed, gum karaya, and yeast.
The article was alleged to be misbranded in that certain statements in an
accompanying leaflet entitled "Eat For Health" were false and misleading since
they represented and suggested that use of the article would assure health to the
user; that the article would supply 9 vitamins and 12 minerals for which the
need in human nutrition has been demonstrated and which are not supplied, to the
extent that they are needed, in the ordinary diet; that the vitamins A, B, C, D, E, G
(or B2), Be, niacin, and calcium pantothenate would promote appetite and growth,
digestion and assimilation of food, normal nerve health, and normal adrenal func-
tion, and would help to protect the eyes, ears, nose, and throat against infection,
protect the body from nerve diseases and against infections of the respiratory tract,
stimulate metabolic processes, and insure healthy blood vessels, gums, teeth, and
skin; that those vitamins would prevent low resistance of the mucous membranes
to cold infection, lowered resistance tp skin infections, stones in kidneys and
bladder, poor vision, tear duct infections, corneal ulcers, rough, dry skin, nervous-
ness, irritability, dyspepsia, retarded growth, brain disturbance, heart disturbance,
dry, -scaly skin, lack of muscular tone, weakness, loss of weight and vigor, weakened
blood capillaries, general tendency to bleeding, decreased red blood cells, tender
joints (pain and swelling), cataracts, sallow, pale complexion, anemia, spongy,
swollen gums, tooth decay and defective teeth, low blood pressure, loss of appetite,
reduced adrenal secretion, peptic and duodenal ulcers, bone abscesses, lowered
resistance to tuberculosis, bowlegs, sterility, digestive disturbances, dermatitis,
pigmentation and thickening of the skin, soreness and inflammation of the tongue
and mouth, diarrhea, colitis, nervous and mental disorders, secondary anemia, and
dullness and loss of hair; and that the hair is nourished by sulfur, iodine, and
silicon, the stomach by sulfur and vitamin B, the brain by manganese, phosphorus,
and vitamins B and G, the gall bladder by sodium, the eyes by fluorine and vitamin
A, the intestines by magnesium, the thyroid gland by iodine, the kidneys by mag-
nesium, the teeth by calcium, silicon, and vitamin D, the adrenal gland by mag-
nesium and vitamins A, B, C, and G, the throat by vitamin A, the blood stream
by iron, oxygen, hydrogen, and vitamin A, the liver by chlorine, the muscles by
potassium, and the heart by potassium and vitamins A and G. The use of the
article would not assure health to the user; the article would not supply 9 vita-
mins and 12 minerals for which the need in human nutrition has been demonstrated
and which are not supplied, to the extent that they are needed, in the ordinary
diet; the vitamins A, B, C, D, E, G (or B2), Be, niacin, and calcium pantothenate
would neither serve the purposes nor prevent the pathological conditions stated;
and the parts of the body mentioned are not specifically nourished by the elements
and vitamins enumerated.
The article was alleged to be further misbranded in that the label statements,
"contain * * * Potassium, Sulphur, Sodium * * * Copper, Chlorine,
Manganese, Zinc * * *," and "The minimum daily requirements of * * *
Potassium, Sulphur, Sodium, * * * Copper, Chlorine, Zinc and Manganese
have not yet been established for human nutrition," were misleading in the
absence of a statement to the effect that those elements, to the extent that they
may be needed in human nutrition, are supplied by the ordinary diet so that it is
unnecessary to supplement the diet with preparations of them.
The article was also alleged to be misbranded under the provisions of the law
applicable to foods, as reported in the notices of judgment on foods.
On October 25, 1944, no claimant having appeared, judgment of condemnation
was entered and the product was ordered delivered to the National Zoological
Park, for use as animal feed.