4989. Alberty products. (F. D. C. No. 36439. S. Nos. 83-633/7 L, 83-639/41 L.) QUANTITY: 14 12-oz. btls., of Alberty Phar-Oil, 13 180-tablet pkgs. of Al- berty Special Formula tablets, 9 200-tablet btls. and 57 475-tablet btls. of Alberty Phloxo B tablets, 6 200-pellet btls. and 21 475-pellet btls. of AU berty's Lebara No. 2 pellets, 29 3-lb cans and 54 12-oz. cans of Instant Al- berty Food, 8 124-tablet btls. and 4 275-tablet btls. of Ri-Co tablets, 15 50- perle btls. and 3 350-perle btls. of Alberty Garlic and Vegetable Oil Perles, and 1 225-pellet btl. and 4 500-pellet btls. of Alberty's Sabinol pellets at Des Moines, Iowa. SHIPPED: Between 7-2-53 and 1-25-54, from Hollywood, Calif., by Alberty Food Products. LABEL IN PART : (Btl.) "Alberty Phar-Oil * * * A Dietary Food Supplement Ingredients: Cod Liver Oil, Wheat Germ Oil, Linseed Oil." (Pkg.) "Alberty New Improved Special Formula Tablets A Dietary Sup- plement Ingredients: Kelp, DiCalcium Phosphate, Iron (ferrous) Gluconate, Copper Peptonate, Mixed Tocopheral Concentrate, Manganese Sulfate, Panto- thenol, Para-Aminobenzoic Acid. In a base of Yeast, Liver Extract, Orchic ?See also No. 4986. Substance, Nucleinic Acid, Spleen Substance, Pancreatin, and Excipienta * * * Net Contents 180 App. 12-Grain Tablets." (Btl.) "Alberty Phloxo B Tablets Vitamin Bi with Homeopathic Amounts of Five Phosphates. Each Tablet Contains 40 Int. Units of Vitamin Bi 1/1000 gr. each of Phosphates of Iron, Potassium, Sodium, Calcium and Magnesium"; "Alberty's Lebara No. 2 Pellets Homeopathic Principle Each Pellet Contains: Celandine, Fringe-tree Barberry, Cinchona Off." (Can) "Instant Alberty Food Special Dietary Food Made with Regular Alberty Food and Milk Made with Dried Whole and Skim Milk and a Special Grind of Cereal (Wheat, Barley) and Dibasic Calcium Phosphate." (Btl.) "Ri-Co Tablets Homeopathic Combination * * * Each Tablet Con- tains : Lithium Benzoicum 3X Ammonium Phos. 3X Lycopodium 6X"; "Alberty Garlic and Vegetable Oil Perles * * * 6 Min. Perles Fresh Garlic Concentrated 8 to one And Combined in Vegetable Oil (No established thera- peutic or nutritional value.) * * * a Convenient Way of Including Garlic Oil in the Diet"; "Alberty's Sabinol Homeopathic * * * Each Pellet Contains: Berberis Vulgaris IX Lycopodium 3X Uranium Nit 6X Equisetum 3X." LIBELED : 3-11-54, S. Dist. Iowa; libel amended 8-9-54. CHARGE: 502 (f) (1)-while held for sale, the labeling of the above-mentioned articles failed to bear adequate directions for use for the purposes and con- ditions for which they were intended, namely, the following purposes and con- ditions for which the articles were offered orally by Mr. and Mrs. Kenneth Hackworth on 2-5-54, 2-9-54, and 2-11-54: Alberty Phar-Oil-in the treatment of nervousness, irritableness, menopausal distress, thyroid trouble, kidney dis- turbances, anemia, paralysis, muscular atrophy, coronary thrombosis, hyper- tensive heart disorders, rheumatic heart, Parkinson's disease, painful men- struation, cerebral palsy, multiple sclerosis, sterility, loss of sex interests, skin eruptions, burns, brittle nails, nephritis, catarrh, diseases of women, leg pains, bursitis, impaired functioning of the sex glands, prostate trouble, swelling of the prostate, and lack of libido and potency in men; Alberty Special Formula tablets-in improving libido and sexual strength, providing sex drive, increas- ing muscular and sexual activity, improving general health, providing better circulation and functioning of the blood making organs, and providing in- creased sexual desire; Alberty Phloxo B tablets-in providing good health and normal sex power and in treating hypertension and menopausal difficulties; Alberty's Lebara No. 2 pellets-in treating menopausal distress and nervous- ness and in restoring sex desire; Instant Alberty Food-in the treatment of rheumatism, arthritis, lumbago, and bursitis, and in restoring sexual vigor; Ri-Co tablets-in the treatment of sciatica, lumbago, and bursitis; Alberty Garlio and Vegetable Oil Perles-in the treatment of infertility, impotency, skin infections, colds, and influenza; and Alberty's Sabinol pellets-in the treatment of kidney sores, bladder sores, and pus in the kidneys. 502 (a)-when shipped, the label of Alberty Phloxo B tablets, Alberty's Lebara No. 2 pellets, Ri-Co tablets, and Alberty's Sabinol pellets contained the following false and misleading representations: that Alberty Phloxo B tablets were an adequate and effective treatment for sleeplessness, insomnia, irrita- bility, and nervousness; that Alberty's Lebara No. 2 pellets were an adequate and effective treatment for liver conditions; that Ri-Co tablets were an ade- quate and effective treatment for pain and stiffness due to arthritis and rheumatism; and that Alberty's Sabinol pellets were an adequate and effective treatment for symptoms due to gravel or stone in the kidney and spasms of the ureters. DISPOSITION : Alberty Food Products, claimant, filed an answer to the libel on or about 6-25-54, together with a set of interrogatories to be answered by the Government. Thereafter, the Government filed objections to the interrogatories and submitted a request for admissions. The claimant failed to reply to the request for admissions and to file any brief or argument to the objections to the interrogatories. On 6-30-55, an application for default judgment was filed by the Government, and an order was entered setting the matter down for hearing. The claimant failed to appear at the hearing, and on 7-13-55, the court entered a decree condemning the goods and ordering their destruction.