2120. Misbranding of Tyr-Ade. U. S. r. Chester R. Gilliland. Plea of guilty.
Defendant placed on probation for a period of 2 years and ordered to
j?ay $300 in costs.    (F. D. C. No. 21430.    Sample Nos. 27871-H, 27872-H.)
INFORMATION FILED : January 20, 1947, Northern District of California, against
Chester R. Gilliland, Sacramento, California.
ALLEGED SHIPMENT: On or about September 7, 1945, the defendant shipped
a bottle of the product from the State of California into the State of Washington,
and on September 10, 1945, he shipped a booklet entitled "Health From The
Ground Up."
PRODUCT: Analysis showed that the article consisted essentially of mineral
matter, including compounds of calcium/ iron, iodine, and phosphorus, to-
gether with dulse and green, leafy tissue.
LABEL, IN PART:    "Tyr-Ade, A Highly Concentrated Food."
NATURE OF CHARGE: Misbranding, Section 502 (a), the name "Tyr-Ade" on the
label of the article was misleading since it represented, suggested^ and created
in the mind of the reader the impression that the article would be effective in
overcoming tiredness and fatigue, whereas it would not be effective for such
purposes.
Further misbranding, Section 502 (a), certain statements in the booklet
accompanying the article were false and misleading since they represented,
suggested, and created in the mind of the reader the impression that the
article would save health and life and prevent sickness and death; that it was
vital for healthful body functioning; that it was vital to rebuild healthy,
normal blood, bones, and tissue, to keep each organ working, to keep health up
to par, and to regain health; that it would be an adequate treatment for anemia;
that it would prevent a breakdown of kidney cells and decomposition in the
walls of the kidneys; that it would prevent dropsy, albuminuria, and other
kidney diseases often fatal; that the use of the article by women would prevent
tumors, weakness, anemia, and various other female ailments, surgical opera-
tions, and hysteria; that the article would normalize the body; that common
vegetables are not a satisfactory source of vitamins and minerals; that the
deficiencies in manganese, sulfur, copper, sodium, magnesium, potash, and
chlorine represented nutritional problems in this country; that the use of the
article would insure against all vitamin and mineral deficiencies; that the
article would be effective to prevent and correct lack of vitality, sterility,
impotence, neurasthenia, nervousness, sleeplessness, poor memory, impurities
of the skin, psychoneurosis enfeeblement of the mind, psychocoma, morning
sickness in pregnancy, arteriosclerosis, varicose veins, gout, creaking joints,
congestion of the bowels, constipation, arthritis, bone ailments, poor complexion,
brain tumors, diabetes, syphilis and other sexual diseases, cancer, obesity,
rheumatism,'autointoxication, and heart disease; that the article would relax
the brain, promote sleep, cool the liver, assuage fever, calm nerve ends and
nerve nets, stop certain kinds of heat, soothe the generative system, stop con-
traction in motor nerves, relieve neurotic cramps, reduce temper, and relieve
pain in periosteal structures of the body and in linings containing fine nerves
capable of intensive pain sensations; and that it would prevent germs from
taking hold, prevent impairment of the lining of the lungs, throat, and bronchial
tube*, and prevent and correct tension in the spleen. The article would not be
efficacious for the purposes stated and implied.
DISPOSITION: April 30, 1947. The defendant having entered a plea of guilty,
the court ordered that he be placed on probation for a period of 2 years and
that he pay a sum of $300 as costs and expenses.