3649. Alleged misbranding of fenugreek tea, Cetabs tablets, Ribotabs tablets,
Niamin tablets, Ormotabs tablets, Kordel-A capsules, and Minerals Plus
Chlorophyll and Vitamin D tablets. U. S. v. 269 Packages, etc. (and 1
other seizure action). (F. D. C. Nos. 19401,19722. Sample Nos. 14049-H,
43774-H to 4377S-H, incl., 43780-H.)
LIBELS FILED: March 13, 1946, Southern District of Ohio, and April 30, 1946,
Southern District of California; amended libels filed in Southern District of
Ohio on or about October 22, 1947, and in Southern District of California on
or about January 19, 1948.
ALLEGED SHIPMENT: Between the approximate dates of January 1, 1945, and
March 22,1946, by Lelord Kordel Products and Nutrition Enterprises (national
distributor of Lelord Kordel Products), from Chicago, III.
PRODUCT: 231 4-ounce packages, 36 1-pound packages, and 2 4-pound pack-
ages of fenugreek tea at Cincinnati, Ohio, and 118 30-tablet boxes of Cetabs
tablets, 288 50-tablet boxes of Ribotabs tablets, 25 50-tablet boxes of Niamin
tablets, 232 50-tablet boxes of Ormotabs tablets, 288 30-capsule boxes of
Kordel-A capsules, and 432 100-tablet boxes of Minerals Plus Chlorophyll
and Vitamin D tablets at Los Angeles, Calif.
NATURE OF CHARGE : Misbranding, Section 502 (f) (1), the labeling of the articles
failed to bear adequate directions for use in the following conditions for which
the articles were prescribed, recommended, and suggested in their advertising
disseminated and sponsored by or on behalf of the manufacturer or packer:
Fenugreek tea. Removal from the body of dead cells; preventing formation
of mucus and slime; preventing or treating inflammation and ulcers of the
stomach and duodenum; torpid liver; diseased liver; inflammation of the colon
or colitis; swelling of the legs; poor circulation of the blood; leucorrhea;
mucous discharge from the head; boils; loss of smell; infection and rupturing
of the appendix; peritonitis; overcoming obstacles to the proper absorption of
food; and conditions interfering with the natural functions of the body;
Cetabs tablets. Treatment of allergies, aching joints, eczema, soft, bleed'ng,
receding gums, flabby, soft tissues, red splotches of veins, tendency to bruise
easily, and for keeping the cells of the body together;
Ribotabs tablets. Treatment or prevention of cataract of the eye, cracks in
the tongue, corners of the eyes, finger tips, etc., itching of the lips and eyelids,
and skin and eye conditions; effecting normal functioning and maintaining a
healthy condition of the eyes; and maintaining maximum health;
Niamin tablets. Treatment or prevention of migraine headaches and high
blood pressure accompanied by nervousness;
Ormotabs tablets. Regulating gland activity; producing hormones ; benefit-
ting the health and activity of glands; maintaining normal activity of the
parathyroid gland; aiding the glands of the body; helping the glands to main-
tain body balance; assisting those approaching 40 and after 40; nourishing
the glands of the body; helping the glands along; and causing the glands to
function properly;
trouble, poor complexion, poor vision, sensitiveness to glare, night blindness,
red and swollen lids, squinting, and dryness of eyes; and
Minerals Plus Chlorophyll and Vitamin D tablets. Treatment or prevention
of tumors, cysts, growths of various kinds, female troubles, and arthritis;
keeping the brain in a healthier condition; maintaining health of the repro-
ductive system; lengthening life; and prolonging youthful vitality.
Further misbranding, Section 502 (f) (1), the labeling of the articles, with
the exception of the fenugreek tea, failed to bear adequate directions for use
since the labeling failed to state any diseases or conditions for which the arti-
cles were to be used or taken.
The libel alleged also that another article, namely, Aininex amino acid tab-
lets, was misbranded under the provisions of the law applicable to foods, as
reported in notices of judgment on foods.
DISPOSITION : Lelord Kordel appeared as claimant in the Ohio seizure and filed
exceptions seeking dismissal of the libel against fenugreek tea and the Aminex
amino acid tablets. A motion for discovery was filed subsequently by the
claimant and was granted by the court in reference to the advertising, lectures,
and records which the Government intended to rely upon in proving the con-
ditions for which the fenugreek tea was intended to be used.
Lelord Kordel appeared also as claimant in the California seizure and filed
exceptions to the libel, which were overruled on December 2, 1947. Subse-
quently, a motion to amend the libel was filed and granted. On March 1, 1948,
pursuant to stipulation between the parties, the California seizure was trans-
ferred to the Southern District of Ohio and consolidated for trial with the Ohio
seizure.
Thereafter, on February 18, 1952, upon stipulation between the parties that
the cases presented no question for adjudication for the reason that all of the
products under seizure had deteriorated and had become unmarketable, and
with the consent of the parties and without any finding on any issue of fact
or law, the court ordered that the products be destroyed.