2579. Misbranding of Adolphus vitamin and mineral products. U. S. v. Adolphus
Hohensee. Plea of not guilty. Tried to the jury. Verdict of not guilty
on count 1; verdict of guilty on remaining counts. Fine $1,800.
(F. D. C. No. 20125.    Sample Nos. 31973-H to 31983-H, incl.)
INFORMATION FILED : September 25, 1946, District of Arizona, against Adolphus
Hohensee, of Seranton, Pa., and Phoenix, Ariz.
ALLEGED SHIPMENT : On or about April 2, 1945, from the State of Arizona into
the State of California.
LABEL, IN PART: "Malt-O-Soy (Soy Milk) Ingredients Soya Beans, Vegetable
Oils, Raw Sugar, Dextrose, Sodium Chloride, Calcium Phosphate, Diabasic
Salt"; "Improved 'B' Complex A Food Supplement * * * Each Tablet
Contains Not Less Than Vitamin Bi-750 USP Units (2.27 mg.) ; Vitamin B2
(G)-2,000 Micrograms (2.0 mg.) ; Vitamin Bg-250 Micrograms (.25 mg.) ;
Niacinimide-20,000 Micrograms (20.0 mg.) ; Calcium Pantothenate-1,000
Micrograms (1.0 mg.)"; "High Potency Vitamin C 250 Mgs. A Food Sup-
plement Each Tablet Contains: 5,000 USP Units (250 Mgs.) of Vitamin C
(Ascorbic Acid)"; "Dicalcium Phosphate and Vitamin D A Food Supplement
Each Tablet Contains Dicalcium Phosphate and Vitamin D (Irradiated Ergo-
sterol) and Represents 210 Mgs. Calcium, 150 Mgs. Phosphorus and 400 USP
Units Vitamin D"; "Garlic Parsley Each Capsule Contains Approximately
2500 Mgs. of Clean Fresh Parsley and Peeled Garlic"; "Food Supplement Min-
eral Capsules The Following Weights Apply to the Mineral Salts (Iron) from
Ferrous Sulphate Dried 56.1 Mg. (Calcium) from DiCalcium Phosphate Anhyd.
187.0 Mg. (Phosphorous) from No. 2 42.6 Mg. (Iodine) from Potassium Iodide
.15 Mg. (Magnesium) from Magnesium Sulphate Dried 7.2 Mg. (Zinc) from
Zinc Sulphate C. P. Dried 3.0 Mg. (Copper) from Copper Sulphate Anhyd. 5.0
Mg. (Sodium) from Sodium Chloride C. P. Dried 2.5 Mg. (Cobalt) from Cobalt
Sulphate .2 Mg. (Potassium) from Potassium Chloride C. P. 1.3 Mg. (Manga-
nese) from Manganous Sulphate (2H20) 3.4 Mg.. (Sulphur) traces from Nos.
1, 6, 7, 9 and 11 Liver Concentrate, from Fresh Livers 30.0 Mg. Soybean Leci-
thin 15.0 Mg. C. P. Wheat Germ Oil 214.0 Mg."; "Vitamin C 30 Mg. A Food
Supplement Each Tablet Contains 600 U.S.P. Units (30 Mg.) Vitamin C (As-
corbic Acid)"; "Pure Soy Bean Lecithin and Vitamin D A Food Supplement
Each Capsule Contains 4 Gr. Soybean Lecithin in 3 Minim Soybean Oil with 150
USP Units Vitamin D from Irradiated Ergosterol" ; "3 Minim Capsules * * *
Containing Pure, Virgin Cold Pressed Wheat Germ Oil A Rich Natural Source
of Vitamin E."
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements in the
labeling were false and misleading since the articles would not be effective to
accomplish the purposes represented and suggested. These statements were
set forth on the labels of the articles, in accompanying display cards entitled
"The Wheel O'Life," and in accompanying booklets entitled "Lecture Series on
Health and Progress Better Eyes Without Glasses," "Lecture Series on Health
and Progress How to Think and Attain Success," "The Health, Success and
Happiness Lectures," "* * * 'High Blood Pressure' * * * Degenera-
tive Diseases," "What About.the Vegetables and Fruits We Eat Today?"
"Lecture Series on Health and Progress * * * What is Brain Food," and
"Lecture Series on Health and Progress Your Personality Glands."
The false and misleading statements in the labeling represented and sug-
gested :
That the Malt-O-Soy would be of value in treating arthritis and in correcting
acid or ulcer states; that it would serve as an ideal nonresidue diet of high
nutritional value in dysentery, sprue, and colitis; that it would supply every
purpose of animal milk for the growing child, for the adult, and for the preg-
nant or nursing mother; and that it was hypoallergic.
That the Improved "B" Complex Tablets would be an adequate treatment for
colds and sinus conditions; that it would be efficacious in the prevention of
colds, sinus conditions, allergy, and marked acidosis; that it would enable one
to attain good eyesight without glasses; that it would correct farsightedness,
nearsightedness, middle-age sight, and inflamed eyes; that it would be an
adequate treatment for asthma and hay fever; that It would aid heart action,
nerves, and blood formation; and ?hat when taken alone or in combination
with all the vitamins and minerals and an 80 percent alkaline diet, it would
insure good eyesight, healthy sinuses, and vigorous lungs.
That the Sigh Potency Vitamin C Tablets, when taken alone or in conjunc- (
tion with the other measures indicated in the labeling, would be adequate
treatment for colds and sinus conditions; that it would prevent colds, sinus
conditions, and allergy; that it would correct marked acidosis, constipation,
and digestive disturbances; that it would build up resistance; that it would
make the eyes beautiful; that it would minerally balance the blood stream;
that it would enable one to attain good eyesight without glasses; that it would
prevent many children's diseases; that it would correct farsightedness, middle-
age sight, nearsightedness, astigmatism, and inflamed eyes; and that it would
insure healthy sinuses and vigorous lungs.
That the Dicalcium Phosphate and Vitamin D Tablets would be effective in
correcting disease of the brain cells; that it would prevent and correct brain
destruction; that it would develop brain cells; that it would supply mental
power; that it would promote will-power and mentality; and that it would
steady the nerves.
That the 'Garlic Parsley Capsules would be efficacious in the treatment of
high blood pressure, headache, ear noises, rushing of the blood to the head,
heart palpitation, general weakness, and debility; that it would open arteries
which have become smaller and would supply flexibility to stiff and hardened
arteries; that it would loosen and dissolve incrustation on the walls of the
arteries; that it would be efficacious in the cure and prevention of high blood
pressure; that it would bring about a profound cleansing effect upon the intes-
tines and blood stream; that it was an internal antiseptic and blood purifier;
that it would be of benefit in the treatment and prevention of influenza, rheu-
matism, and chronic catarrh; that it would inhibit the growth of the tubercle
bacillus; that it would be efficacious in the cure, mitigation, treatment, and
prevention of tuberculosis of the skin, bones, glands, lungs, and special parts
of the body; and that it would strengthen the circulatory system.
That the Food Supplement Mineral Capsules would be an adequate treatment
for rickets, bony deformities, bad teeth, nervous disorders, reduced resistance
to other diseases, fatigability, behavior disturbances such as incorrigibility,
assaultiveness, and nonadaptability, infections of the nose and throat, swollen
glands, enlarged and diseased tonsils, defective vision, round shoulders, bow
legs, and anemia; that it would build up resistance and, when used alone or in
combination with vitamins A, B, and C, and an 80 percent alkaline diet,
would prevent colds and sinus conditions; that it would correct acidosis, diges-
tive disturbance, sour stomach, and constipation; that it would make the
eyes beautiful; that it would enable one to attain good eyesight without
glasses; that it would prevent and correct children's diseases, farsightedness,
middle-age sight, nearsightedness, astigmatism, inflamed eyes, asthma, and
hay fever; that it would insure good nerves; that it would maintain the
intestinal tract free of toxemia; and that it would provide good eyesight,
healthy sinuses, and vigorous lungs.
That the Vitamin C Tablets, when taken alone or in conjunction with the
other measures indicated in the labeling, would be an adequate treatment
for colds and sinus conditions; that it would prevent colds, sinus conditions,
and allergy; that it would correct marked acidosis, constipation, and digestive
disturbances; that it would build up resistance; that it would make the eyes
beautiful; that it would minerally balance the blood stream; that it would
enable one to attain good eyesight without glasses; that it would prevent
children's diseases; that it would correct farsightedness, middle-age sight,
nearsightedness, astigmatism, and inflamed eyes; and that it would insure
healthy sinuses and vigorous lungs.
That the Pure Soy Bean Lecithin and Vitamin D Capsules would be of value
as a brain food; that it possessed special virtues for the treatment of rickets,
dyspepsia, diabetes, anemia, and tuberculosis; that it was especially required
by the stomach, kidneys, liver, lungs, and pancreas; that it would be efficacious
in the correction in an undernourished person of despondency, early discour-
agement, and lack of will-power and enthusiasm; that it would provide
proper reasoning power; that it would restore loss of memory; that it would
correct lack of power to concentrate and lack of coordination between the
brain and muscles; that it would be efficacious in the correction of an in-
feriority complex; that it would increase mental efficiency; and that it would
produce healthy physical and mental developments and glandular functioning
in children.
That the Wheat Germ Oil Capsules would be of benefit to women during the
menopause; that it would supply proper nourishment to all important glands
including the sex glands; that it would be efficacious in the correction of
nervous irritability, flashes before the eyes, fever, chills, and heat spells; that
it would be efficacious in the correction in men of difficult urination, pelvic
pains, cramps, prostate gland trouble, and loss of the sexual fluid; that it
would supply pep and life; that it would benefit every fiber of the muscles in
his body as well as the valves that control the various fluids; that it would
be efficacious in the prevention of gland atrophy; that it would lengthen life;
that it would permit living a life free from suffering and disease; that it
would promote general well-being, vigor of personality, glands, and mental
and physical vigor; and that it was essential to nerve and muscle tissue,
for maximum growth and nutrition, and for pregnant women.
The information charged further that, with the exception of the Garlic
Parsley Capsules, the above products and a shipment of Concentrated Broth
were misbranded under the provisions of the law applicable to foods, as re-
ported in notices of judgment on foods.
DISPOSITION: A plea of not guilty having been entered, the case came on for
trial before a jury on February 17, 1948. The trial ended on February 20,
1948, with the return by the jury of a verdict of not guilty on the count which
related to the Concentrated Broth and a verdict of guilty on all other counts
of the information. The court imposed a fine of $1,800 on March 8, 1948.
On the same day, the court denied the defendant's motion for a new trial
and arrest of judgment.