6706. Candy-coated chewing gum.    (F.D.C. No. 46440.   S. No. 84-605 R.) 
QUANTITY:   7 ctns., containing a total of 6,000 units, at New York, N.Y., in
possession of Kean Energizing Health Products, Inc.
SHIPPED:    5-1-61, from Newark, N.J.
LABEL IN PART: (Plastic box) "15 One For The Road 15 Natural Coffee Base 
'Drive-Safers' Pep-Ups Kean Brand Chicles Vitamin A Fortified Caffeine 
Activated Safe-Pleasant as Coffee * * * An Adult Product," "2 Pep-Ups* 
Chicles Provide the Energy & Stimulation of One Full Cup of Coffee, Chew As 
Many As Desired," and "Each Chicle Contains 5000 Units Vitamin A To Aid 
Eyesight Fatigue Resist Headlight Glare."
ACCOMPANYING LABELING : A package insert reading in part "Real Coffee Base 
plus Vitamin A and Caffeine"; a folder reading in part "New! Chew A Full 
Cup of Zesty Coffee   Kean's Pep-Ups Brand"; a window streamer reading in
part "Here NOW! Real Coffee Base Caffeine Activated Vitamin 'A' Fortified 
Kean's Pep-Ups Brand Chicles, Only Chewing Gum of its Kind in the World" ; 
form letter headed "Kean Energizing Health Products"; and display box in- 
serts reading in part "New! * * * Pep-Ups* Awakeners- 'Drive Safers' 
Alerters."
RESULTS OF INVESTIGATION : The article was in bulk form and was, in the nor- 
mal course of the dealer's business operations, to be repacked into clear plastic 
15-unit rectangular boxes containing insert labels.
The label on the bulk material stated that the article contained "% gr. an- 
hydrous Caffeine per tablet" which was about % of the caffeine content of a 
cup of coffee.
LIBELED :   9-18-61, S. Dist, N.Y.
CHARGE: 502(a)-while held for sale, the labeling of the article contained 
false and misleading representations that the article was capable of making 
one energetic; awakening, and promoting alertness and safer driving; aiding 
or resisting "eyesight fatigue" resulting from exposure to sun, daylight, head- 
light glare, and artificial lighting; having a sobering and counteractive effect 
in mild hangover condition; overcoming car sickness; and that the article 
was the only chewing gum of its kind in the world; that it contained a signifi- 
cant amount of caffeine which was "activated," "activating," and "fortified"; 
and 502(f) (1)-the labeling of the article failed to bear adequate directions 
for use for the conditions and purposes for which it was offered.
DISPOSITION:   11-8-61.   Consent-claimed by the dealer and destroyed.