27127. Misbranding of Kelement. TJ. S. v. Lee Kelpodine Co., Inc., and John 
Lee Clarke. Pleas of srullty. Fine, ?50. Payment of sentence sus- 
pended.     (F. & D. no. 34065.    Sample no. 16517-B.)
The labeling of this product contained false and fraudulent curative and 
therapeutic claims.
On October 8, 1936, the United States attorney for the Southern District 
of New York, acting upon a report by the Secretary of Agriculture, filed in 
the district court an information against the Lee Kelpodine Co., Inc., New 
York, N. Y., and John Lee Clarke, alleging shipment by said defendants in 
violation of the Food and Drugs Act as amended, on or about September 28, 
1934, from the State of New York into the State of New Jersey of quantities 
of Kelement tablets that were misbranded. The article was labeled in part: 
(Package) "Kelement Pure Dehydrated Kelp (Macrocystis Pyrifera) For- 
merly known as Kelpodine' A Highly Concentrated Natural Marine Food Ac- 
cessory, Rich In Organic Mineral Elements Essential to Normal Function Of The 
Human Body Each Tablet Contains Not Less than 0.5 Milligrams of Natural 
Organic Food Iodine. Guaranteed and Distributed by Lee Kelpodine Co., 
Inc., 11 W. 42nd Street, New York City."
Analysis showed that the tablets consisted of kelp, probably Macrocystis 
pyrifera.
The article was alleged to be misbranded in that certain statements, designs, 
and devices appearing on the package and in the circular contained therein, 
were statements, designs, and devices regarding the curative or therapeutic 
effects of the article, and were false and fraudulent in that they represented 
that the article was composed of or contained ingredients or medicinal agents 
which when used as a food accessory in the manner directed, would prevent 
the user thereof from contracting and would be beneficial in the treatment, 
among others, of the following symptoms, ailments, conditions and diseases of 
the human body: Ailments that come from a deficiency of mineral salts, soft 
and decayed teeth, pyorrhea, bleeding gums, anemia, goiter, chronic constipa- 
tion, nervousness, insomnia, inability to resist disease, malnutrition, acidosis 
(diminished alkaline reserve), headaches and indigestion, diabetes, alveolar 
recession, loose flabby gums, loose teeth, arthritis, infections, serious glandu- 
lar conditions, frigidity, sterility, and frequent miscarriage.
On November 2, 1936, pleas of guilty were entered and the court imposed 
a fine of $50 against each defendant and suspended payment thereof.
HARRY L. BROWN, 
Acting Secretary of Agriculture.