2923. Misbranding of Nature's Minerals. U. S. v. Nature's Mineral Food Co
Perry B. Smith, and Thornton B. Smith. Pleas of not guilty. Tried to
the court and jury. Verdict of guilty against company; verdicts of not
guilty against individuals. Fine of $500 against company. (F. D. C. No.
24263.   Sample No. 73532-H.)
INDICTMENT RETURNED : On or- about September 23, 1948, Southern District of
Indiana, against the Nature's Mineral Food Co., a partnership, Indianapolis,
Ind., and against Perry B. Smith and Thornton B. Smith, members of the
partnership.
ALLEGED SHIPMENT: On or about June 6, 1947, from the State of Indiana into
the State of Ohio.
LABEL, IN PAST : (Bottle) "Nature's M. F. Co.'s Minerals 270 Tablets A Com-
position of Minerals Comprising Calcium Phosphate, Iodized Salt, Calcium
Carbonate, Magnesium Sulphate (Epsom Salts), Sodium Phosphate, Sulphur
Sublimed, Iron Sulphate and Potassium Iodide."
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements in accom-
panying printed cards entitled "Now a Mineral Health Besort in Your Home"
were false and misleading since the article would not be efficacious in the
treatment of the diseases, symptoms, and conditions represented, and the use
of the article would not be effective to fulfill the promises of benefit stated
and implied. The statements represented and suggested that the article would
be efficacious in the treatment of acidosis, anemia, constipation, headache,
lumbago, neuritis, rheumatism, sciatica, kidney and bladder disorders, ner-
vousness, gastric ulcers, digestive troubles, sore muscles, impaired joint func-
tion, choking goiter, backache, gout, and skin eruptions; that use of the article
would promote the flow of gastric juice, facilitate the digestion of food, restore
health, build up atrophied tissues, give the user new ambition, prevent prema-
ture aging, and relieve pain; that use of the article would be equivalent to a
sojourn at a resort in its effect on one's health; and that its use would result
in vigorous health of the user.
DISPOSITION :   Pleas of not guilty were filed on behalf of the individual defend-
ants on October 1; 1948, and shortly thereafter a motion was filed to strike the r
alleged defendant, the Nature's Mineral Food Co., from the indictment sincev^
the company as a partnership was not a legal entity. The court denied such
motion, and on April 8, 1949, a plea of not guilty was entered for the com-
pany.
On May 6, 1949, the case came on for trial before a jury and lasted
until May 7,1949. The jury returned a verdict of guilty as to the company and
a verdict of not guilty as to the individual defendants.
On May 11,1949, defense counsel filed a motion in arrest of judgment on the
basis (1) that a partnership in Indiana is not a legal entity and can not be
guilty of a criminal offense; (2) that the punishment of the partnership after
each partner had been acquitted would constitute double jeopardy; and (3)
that the punishment of the partnership after each partner had been acquitted
would deprive the partners of liberty or property without due process of law.
On July 5,1949, the court overruled the motion in arrest of judgment, and on
July 14,1949, it assessed a fine of $500 against the partnership.