1779. Misbranding: of Delamer.   U. S. v. Frank E. Rirtwhlsile (Del Monte Labora-
tories).    Plea of nolo contendere.   Fine, $2.    (F. D. C  No. 12581.    Sample
lNFOBMATiON,,'i?iDT^January 17, 1945; amended April 9, 1945, Northern Dis-
trict of California, against Frank E. Birtwhistle, trading as the Del Monte
Laboratories, Monterey, Calif.
ALLEGED SHIPMENT: On or about September 9, 1943, from the State of Cali-
fornia into the State of Utah.
PRODUCT : The product was ocean water to which had been added small amounts
of calcium acetate, iron chloride, and potassium iodide.
LABEL, IN PART: "Delamer A Mineralized Water * * * Ocean Sea Water
Specially Processed."
NATURE OF CHARGE: Misbranding, Section 502 (a), the statements in the cir-
culars accompanying the article were misleading since they represented, sug-
gested, and implied that the "wearing out" of the body as evidenced by the
slowing of the function of the blood, lack of vitality and pep, general poor
physical condition, and lack of mental vigor, is usually the result of lack of
minerals in the diet; that the user might reasonably expect that the consump-
tion of the article would retard the "wearing out" processes of the body and
prolong life; that the article would prevent the slowing of the function of the
blood; that it would restore vitality and pep and improve the general physical
condition and mental vigor; and that it was a rich source of all minerals. The
wearing out" of the body is a natural process with which lack of minerals
is not ordinarily associated; the conditions referred to in the labeling are
not usually the result of lack of minerals in the diet, but result from many
and varied causes; the user might not reasonably expect that the consumption
of the article would prevent or correct such conditions, since it would not be
ordinarily efficacious for such purposes; and the article was not a rich source
of all minerals.
Further misbranding, Section 502 (a), certain statements in the circulars
were misleading since they represented and suggested that the ordinary diet
of children does not provide them with calcium in amounts sufficient to attain
normal growth; that the ordinary diet does not contain sufficient minerals for
the normal needs of the body; that it is necessary to supplement the ordinary
diet with additional minerals; and that it is practically impossible to obtain
foods which contain'sufficient minerals for the needs of the body. The ordi-
nary diet of children provides them with calcium in amounts sufficient to
attain normal growth; the ordinary diet contains sufficient minerals for the
normal needs of the body; and, therefore, it is not necessary to supplement
the ordinary diet with additional minerals.
The article was also charged to be misbranded under the provisions of the
law applicable to foods, as reported in notices of judgment on foods.
DISPOSITION : October 2, 1945. The defendant having entered a plea of nolo
contendere, a fine of $1 on each count was imposed.