2943. Misbranding of Sugretus and dehydrated wild carrot.   U. S. v. Albert D.
Davis (Universal Health Foods). Motion denied for dismissal of infor-
mation. Plea of nolo contendere. Imposition of sentence suspended!
and defendant placed on probation for 2 years. (F. D. C. No. 24219.
Sample Nos. 39567-H, 24601-K.)
INFORMATION FILED : February 13, 1948, Eastern District of Michigan, against
Albert D. Davis, trading as Universal Health Foods, Van Dyke, Mich.
ALLEGED SHIPMENT : On or about May 29 and September 9, 1947, from the State
of Michigan into the State of Wisconsin.
LABEL, IN PABT: "Tablets Sugretus * * * Contains: Vitamin Bi (Thia-
min Chloride) and Vitamin B2 (Riboflavin) in a base of powdered Spineless
Cactus (Opuntia Frarlis) with excipients Manufactured & Distributed By
Dailey's Laboratories 3680 University Ave. San Diego, Calif." and "Dehy-
drated Wild Carrot   *    *    *   Universal Health Foods."
NATURE OF CHARGE : Misbranding, Section 502 (a), certain statements in a leaflet
headed "Freed From Insulin Diabetics Find New Help" and in a letter dated
September 13, 1946, headed "Dr. Julia Bryant McGee Chiropractor," accom-
panying the Sugretus, and in leaflets entitled "Goodbye Insulin New Hope for
Diabetics" and "Good News for All Who Are 'Afraid of Starch and Sugar',"
accompanying the dehydrated wild carrot, were false and misleading. The
statements represented and suggested that the articles would be efficacious in
the cure, mitigation, and treatment of diabetes, whereas the articles would not
be efficacious for such purposes.
DISPOSITION : On March 22, 1948, a motion to dismiss the information was filed
on behalf of the defendant on the grounds that the leaflets and other printed
matter did not actually physically accompany the products nor were made a
part of the labels of the articles. On October 29, 1948, the motion was denied.
Thereafter, a plea of nolo contendere was entered, and on September 30, 1949,
?See also Nos. 2931-2933, 2935, 2939, 2942.
probation for a period of 2 years, conditioned that he should not sell, dispense,   /
or give away any Sugretus or dehydrated wild carrot during the period of   v
probation, either in interstate commerce or intrastate commerce.