2129. Misbranding  of  Autry's  Minerals.     U.   S.  v.  1,400 Packages,  etc.,  and. a
quantity of letters and booklets.    (F. D. C. No. 20714.   Sample No. 67303-H.)
LIBEL FILED :   August 16,1946, District of Kansas.
ALLEGED SHIPMENT : The packages of the product were shipped by Natural
Minerals Company, from Hollywood, Calif., on or about June 12, 1946. The
letters and booklets were shipped on or about June 28 and July 11, 1946,
respectively, from Denver, Colo., on instructions from the Natural Minerals
Co.
PRODUCT: 1,400 $10-size packages and 1,000 $5-size packages of Autry's Min-
erals, and a quantity of form letters headed "The Mineral Sales Co., Inc." and
several thousand booklets entitled "To Your Health" at Wichita, Kans.
LABEL, IN PART: (Carton) "Ingredients:   Dicalcium Phosphate, Ferrous (Iron)
- Sulphate, Potassium Iodide and a natural sedimentary Mineral deposit conr
sisting essentially of carbonaceous material and the oxides of silicon with
small amounts of other mineral oxides with excipients and sugar coating."
It was represented in the labeling that the basic ingredients of the article
were obtained from a mineral deposit in the Western mountains.
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements appearing
in the circular letter and booklet accompanying the article were false and
misleading. These statements represented, suggested, and created the impres-
sion in the mind of the purchaser that the user of the article could be surer of .a
normally functioning system; that the article would alleviate pain and suffering
and produce happiness and health; that it was a necessary factor for the reten-
tion and development of health; that it was essential as a supplement to the
diet; that it would effect normality of the blood stream and thereby strong,
healthy body tissues and a fine healthy body; that it would prevent sickness, suf-
fering, lowered resistance to disease, and a shortening of life; that it would be
effective for anemic conditions, headaches, fatigability, tiredness, faintness, diz-
ziness, loss of appetite, weakened heart, and worrisome conditions of the blood (
stream; that it would prevent disease and deaths among children under ten
years of age; that it would enable expectant mothers to give birth to strong,
healthy infants; that it would correct numerous morbid conditions and diseases,
including bone deformities, bad teeth, nervous disorders, reduced resistance
to other diseases, affections of the nose and throat, swollen glands, enlarged
and diseased tonsils, defective vision, round shoulders, bow legs, and behavior
disturbances, such as incorrigibility, assaultiveness, and nonadaptability; that
it would favorably influence growth and development, both mental and
physical, of children; that it would effect proper functioning, stability, and
building of the nerves; that it would aid in correcting the evils of constipation;
that it would help to remedy the ravages of time and disease; and that it
would give life.   The article would not be effective for such purposes.
Further misbranding, Section 502 (a), additional statements in the booklet
accompanying the article were false and misleading. These statements repre-
sented and suggested that the constituents of the tablets obtained from a min-
eral deposit in the Western mountains supplies the calcium, phosphorus, iron,
and iodine ingredients of the preparation. The ingredients from the Western
mountains did not supply significant proportions of calcium, phosphorus, iron,
and iodine, or any nutritionally or therapeutically useful ingredient. The cal-
cium, phosphorus, iron, and iodine ingredients of the article were supplied by
chemical compounds from other sources.
DISPOSITION : November 18, 1946. The Mineral Sales Co., Inc., Wichita, Kans.,
claimant, having consented to the entry of a decree, judgment of condemna-
tion was entered and the product was ordered released under bond, conditioned
that it be relabeled under the supervision of the Federal Security Agency.
The booklets and form letters were destroyed in the process of relabeling.