22338. Misbranding of  Kelp-A-Malt.     V.   S.  v.  33  Bottles   of  Kelp-A-Malt.
Default   decree   of   condemnation,   forfeiture,   and   destruction.
(F. & D. no. 31877.    Sample no. 37892-A.)
This case involved an interstate shipment of Kelp-A-Malt, the labels of which 
bore unwarranted claims as to its effectiveness as a curative and therapeutic 
agent, and its value as a source of vitamins and minerals.
On January 25,1934, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 33 bottles of Kelp-A-Malt at Balti- 
more, Md., alleging that the article had been shipped in interstate commerce 
by the Allied Laboratories, from New York, N.Y., on or about January 22, 1934, 
and charging misbranding in violation of the Food and Drugs Act as amended. 
The article was labeled in part: " Prepared by The Kelpamalt Company * * * 
New York."
Analysis of a sample of the article by this Department showed that it con- 
tained ground vegetable material, starch, malt extract, and 14.9 percent of ash 
(mineral matter) including compounds of copper, manganese, iron, magnesium, 
calcium, potassium, silica, phosphorus, and iodine.
It was alleged in the libel that the article was misbranded in that the 
statement on the bottle label, " Abounds in rich, vital minerals and vitamins 
so absolutely essential to the human body ", was false and misleading, since
products of this character in the dosage recommended are not adequate sources 
of all the vitamins and minerals. Misbranding was alleged for the further 
reason that the following statements on the package, regarding the curative 
or therapeutic effects of the article, were false and fraudulent: " Indicated for 
certain deficiency diseases and glandular disturbances. * * * employed for 
the treatment of some forms of nervousness, simple anaemia and digestive 
disorders. * * * Directions Adult dosage: 2 to 3 tablets three times daily 
•at meal time. Tablets may be chewed and swallowed with water or may be 
crushed and mixed in orange or tomato juice. For Children: Smaller quan- 
tities according to age."
On March 8, 1934, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.