2517. Adulteration and misbranding of Gal-Par. IT. S. v. Hood Products Corp.
and Charles H. Fingerhood. Pleas of guilty. Fine of $1,000 against
defendants jointly.    (F. D. C. No. 6504.   Sample No. 61018-E.)
INFORMATION FILED : April 6, 1944, Southern District of New York, against the
Hood Products Corp., New York, N. Y., and Charles H. Fingerhood, an officer
of the corporation.
ALLEGED SHIPMENT : Between May 10 and 14, 1941, from the State of New York
into the State of Washington.
PRODUCT: Microscopic examination showed that the product contained wheat
germ, wheat bran, wheat flour, and crystalline material. It contained also
compounds of calcium and iron.
NATURE OF CHARGE: Adulteration, Section 501 (c), the strength of the article
differed from, and its quality fell below, that which it purported and was
represented to possess. The article was represented to contain 1.8 grams of
phosphorus per two heaping teaspoonfuls, whereas it contained not more than
0.476 gram of phosphorus per two heaping teaspoonfuls.
Misbranding, Section 502 (a), the label statement "Two Heaping Teaspoon-
fuls supply approximately * * * 1.8 Grams of Phosphorus" was false
and misleading, since the article contained not more than 0.476 gram of
phosphorus per two heaping teaspoonfuls.
Further misbranding, Section 502 (a), certain statements on the label and
in an accompanying leaflet, circular, and display card, were false and mis-
leading. These statements represented and suggested that the article when
used as directed by a specified Rlan, would be efficacious in reducing weight;
that it would supply the average person's daily needs of phosphorus; that by
supplying calcium it would promote strong teeth, sturdy bones, firm flesh, and
pliant muscles; that by supplying phosphorus it would promote the most highly
efficient brain cells; that by supplying iron it would aid the red corpuscles of
the body to function; that the article would supply the necessary elements
of nutrition to increase weight; that the daily use of the article would supply
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the amount of calcium, phosphorus, iron, and vitamin D required daily by the
average person; that the article would bring the body of an underweight person
up to normal; that when a reducing diet was used, the article would supply
the calcium, phosphorus, iron, and vitamin D, and the necessary additional'    (
quantities of the vitamins A, R, and G, which the body requires because of
the reduction in calories which results from the reducing diet; that when a,
reducing diet was used, the article when administered in accordance with the
Cal-Par  Reducing Plan for Bating,  would prevent nervousness,  tiredness,
sleeplessness, and lack of pep and vigor by supplying the body's daily require-
ments of calcium, phosphorus, iron, and vitamin D; that the use of the article
in the absence of glandular or organic complications, would take off surplus
fat; that two heaping teaspoonfuls taken daily would supply the average
person's daily requirements of phosphorus; that the article was a necessary   -
part of practically every reducing diet; that it would prevent the undermining
of health of persons following a reducing diet; that it would enable persons
to reduce easily with no undue hardship; that it would help to build sturdy
bones and strong teeth; that if used daily, it would supply the amounts of
calcium, phosphorus, iron, and vitamin D to bring the body of underweight
persons up to normal; that the use of the article in accordance with a specified
7-day reducing plan, would cause the loss of at least 8 pounds per week; that
when used in accordance with a specified special reducing plan, the article
would cause the body to lose as much as 18 pounds in 12 days; that the article
would supply mineral and vitamin deficiencies to the system; that it would
supply necessary minerals and vitamins to the system and thereby prevent
heart trouble, nervous disorders, kidney ailments, liver ailments, digestive
upsets, eye afflictions, and many other ailments which may be a direct result
of a lack of certain vitamins and minerals; that it would prevent ailments of
the teeth and bones and decay of the teeth by supplying calcium; that it would
help in the building of strong teeth and firm bones, in aiding the blood to keep
its proper balance between acidity and alkalinity, and in nourishing the nerves
and brain; that it would be efficacious in the cure, mitigation, treatment, or
prevention of anemic, rundown conditions; that it would be of great advantage
to build up resistance to disease; that the use of the article by women during
pregnancy would cause the child to be born well-formed and in good health;
and that the use of the article would be efficacious in the cure, mitigation,
treatment, or prevention of sinus trouble, rheumatism, and arthritis.   The
article would not fulfill the promises of benefit stated and implied.
The article was alleged also to be adulterated and misbranded under the
provisions of the law applicable to foods, as reported in notices of judgment
on foods.
DISPOSITION : October 8, 1948. Pleas of guilty having been entered, the court
imposed a fine of $1>000 against the defendants jointly.