2964. Misbranding of Remin's Brewers' Hydrolyzed Yeast Powder, Remin's Multi-Vitamin A-B-C-D Drops, Remin's Brewers' Hydrolyzed Yeast and Whey Powder, and Remin's (Powdered) Hydrolyzed Brewers' Yeast Vegetables and Whey. U. S. v. Eugene A. Kazmark (M & M Service). Plea of guilty. Fine, $10. (F. D. C. No. 25624. Sample Nos. 16849-K tol6852-K,incl.) INFORMATION FILED: August 4, 1949, Northern District of Illinois, against Eugene A. Kazmark, trading asM&M Service, at Joliet, 111. ALLEGED SHIPMENT : On or about April 13, 1948, from the State of Illinois into the State of Wisconsin. LABEL, IN PART: "Remin's Brewers' Hydrolyzed Yeast (Powder) A Supple- mentary source of Hydrolyzed Brewers' Yeast and its natural vitamins Bt and B*," "Remin's Multi-Vitamin A-B-(?D Drops In A Base Of Brewers' Yeast Extract," "Remin's Brewers' Hydrolyzed Yeast and Whey Powder A Sup- plementary source of Hydrolyzed Brewers' Yeast and its natural vitamins Bi and B2," and "Remin's (Powdered) Hydrolyzed Brewers' Yeast Vegetables and Whey." NATURE OF CHARGE: Remin's Brewers' Hydrolyzed Yeast Powder, Remin's Brewers' Hydrolyzed Yeast and Whey Powder, and Remin's (Powdered) Hy- drolyzed Brewers' Yeast Yegetaoles and Whey. Misbranding, Section 502 (a), certain statements in booklets and in a leaflet accompanying the articles were false and misleading since the articles would not be efficacious for the pur- poses, and would not fulfill the promises, of benefit stated and implied. The booklets were entitled "Remin's * * * Descriptive Price List," "Facts About Vitamins, Amino Acids and Hydrolysates," "Keep in Step with the March of Progress," and "For Protein Vitality Try Remin's Hydrolyzed Yeast," and the leaflet was entitled "Miracle Cure Laid to Diet." The false and misleading statements in the booklets and in the leaflet represented and suggested that the articles would be efficacious in the cure, mitigation, treat- ment, and prevention of fatigue, sleeplessness, nervousness, neuritis, poor appetite, loss of strength, constipation, and skin disorders; that the articles would be efficacious in the prevention of poliomyelitis (infantile paralysis), sterility in the male, baldness, great disturbance in the menstrual cycle in the woman, sex gland deterioration, malformation of tooth enamel, and cataracts of the eye; that they would be efficacious in the prevention of an upset in the reproductive cycle in women; that they would be of value to the nervous system; that they would be efficacious in preserving the integrity (health) of the liver and in preventing damage to the liver; that they would be efficacious in old age to maintain nitrogen balance where there is inadequate gastric and pancreatic secretion, impaired absorption, and other gastroin- testinal disorders; that they would aid in preventing nutritional edema and be of help in hemoglobin regeneration in cases of nutritional anemia; that they would help increase the gamma globulin in serum protein and would be efficacious in increasing resistance to infections; that they would help to assure adequate protein intake during pregnancy and lactation; that they would be efficacious in the treatment of severe burn cases, fracture, and dislocation; that for patients with gastric ulcers, the articles would be effi- cacious for the repair of damaged tissue and to speed healing; that the articles would be efficacious in preventing hyproproteinemia, in speeding tissue repair and recovery from operations, in restoring degenerate tissue caused by disease and reflex atrophy, and in the treatment of loss of blood, severe wounds, and bleeding ulcers; that they would help to maintain a positive nitrogen balance in cases of severe diarrhea; that they would be efficacious in the cure, mitigation, and treatment of glandular disorders and infections, simple anemia, perihcious anemia, halitosis (bad breath), cancer, cirrhosis and cirrhotic conditions, acne, pimples, dry skin, diabetes, and glossitis; that they would be efficacious in the cure, mitigation, treatment, and prevention of arthritis and colds; that they would be efficacious in the prevention of cataracts; that they would be efficacious in checking the appetite for alcohol; that the articles, plus copper and the enzyme, tyrosinase, would aid in relieving the condition of malnutrition which has as one of its symptoms the premature graying of the hair; that the articles would aid nature in the postponement of old age; that they would be efficacious in protecting one against overweight; that they would improve the assimilation of food by the undernourished; that they would build up tissues; that each article was essentially a potent nor- malizing agent; that the articles would be efficacious in the cure, mitigation, and treatment of stomach ulcers and of tumors ; that they would be efficacious in maintaining normal health and in changing abnormal to normal conditions; that they would promote nutrition of the reproductive organs and contraction of the muscles; that they would be efficacious in counteracting cancer; that they would promote growth and the formation of red blood corpuscles, pro- tect vitamin O from destruction, and be efficacious in the cure, mitigation, treatment, and prevention of nausea, dizziness, and ear damage; that each article was a special detoxifying agent; that the articles would protect against liver cirrhosis, enable an excess of one amino acid to be converted into others more needed at the moment, and aid in destroying the allergic poison, his- tamine ; that they would retard destruction of vitamin C, counteract nicotine poisoning, and increase vitamin C in the tissues; that each article was an effective detoxifying agent for indole and other poisons found in arthritic conditions; that each article was a powerful detoxifying agent; that the articles would promote glycogen (energy sugar) formation and would aid in gastric secretion and in the prevention of anemia; that each article was a good detoxifying agenl, especially for excess sex hormones which would otherwise favor cancer formation; that the articles would be efficacious in the formation of cartilage, and in the cure, mitigation, treatment, and pre- vention of allergy, pregnancy difficulties, hay fever, and asthma; that they would aid the liver in the formation of glycogen; that they, would be efficacious in the formation of hemoglobin, in the production of antibodies against in- fection, and in counteracting rancidity in fats; that they would be efficacious in the formation of blood, development of membrane cells, and production of thyroid hormone and adrenaline; that they would provide resistance against disease; that they would be effective in the cure, mitigation, and treatment of ailments from the common cold to serious heart infection; that each ar- ticle was a general cure for all poisonous conditions of the body cells however caused; that the articles would be efficacious in the control of gastric ulcers; that' they would be effective in the cure, mitigation, treatment, and prevention of pneumonitis, rheumatic fever, asthma, rheumatic arthritis, emphysema, coronary sclerosis, arteriosclerosis, pernicious anemia, and most infections under the common cold; that they would assure one of protein vitality and provide sufficient heat and energy for normal needs; that they would be of value where the natural digestion is not working correctly; that they would be efficacious in the cure, mitigation, and treatment of many disorders of the body; that they would help insure against malnutrition and hypoproteinemia in childhood; and that they would be of benefit to persons who are only able to absorb or assimilate a portion of the proteins which they actually consume every day. Remin's Multi-Vitamin A-B-C-D Drops. Misbranding, Section 502 (a), cer- tain statements in booklets entitled "Remin's * * * Descriptive Price List 1947" and "Facts About Vitamins, Amino Acids and Hydrolysates," accom- panying the article, were false and misleading. The statements represented and suggested that the article would be efficacious in the cure, mitigation, treatment, and prevention of fatigue, sleeplessness, nervousness, neuritis, poor appetite, loss of strength, constipation, and skin disorders; that it would aid in building up resistance against colds and would improve a sense of nutri- tional well-being; that it would be efficacious in the prevention of poliomyelitis (infantile paralysis) ; and that it would be efficacious in preserving the integrity (health) of the liver and in preventing damage to the liver. The article would not be efficacious for these purposes and would not fulfill the promises of benefit stated and implied. The articles were alleged also to be misbranded under the provisions of the law applicable to foods, as reported in notices of judgment on foods. DISPOSITION: September 19, 1949. A plea of guilty having been entered, the court imposed a fine of $10.