27139. Misbranding and alleged Adulteration of Seedol Kelpamalt and Kayan. 
U. S. v. 124 Cartons of Seedol Kelpamalt and Kayan. Default decree of 
condemnation and destruction. (F. & D. nos. 38470, 38471. Sample no. 
3101-C.)
The Seedol Kelpamalt was misrepresented on the label and in accom- 
panying printed matter to consist of malt extract, to have valuable diastatic 
content, and to consist exclusively of mineral ingredients; and accompanying 
printed matter contained false and fraudulent representations regarding its 
curative or therapeutic effects. The Kayan was misrepresented in accompany- 
ing printed matter as a granulated powder from the sap of an Asiatic tree; and 
accompanying printed matter contained false and fraudulent representations 
regarding its curative or therapeutic effect.
On November 2, 1936, the United States attorney for the Southern District 
of California, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 124 cartons 
of Seedol Kelpamalt and Kayan at Los Angeles, Calif., alleging that they had 
been shipped in interstate commerce on or about July 25, 1936, by Allied 
Laboratories, from New York, N. Y., and that they were adulterated and 
misbranded in violation of the Food and Drugs Act as amended.
Analysis of the Seedol Kelpamalt showed that it consisted essentially of 
ground kelp, cocoa, sugars, salt, and small proportions of inorganic salts 
and saccharin. Analysis of the Kayan showed that it consisted essentially 
of phenolphthalein (approximately 1.2 grains per teaspoonful), a gum, sugar, 
and starch.
The Seedol Kelpamalt was alleged to be adulterated in that its strength 
and purity fell below the professed standard and quality under which it was 
sold, namely, (on labels and accompanying printed matter) "Kelpamalt" (on 
the bottle label), "Seedol Kelpamalt consists of * * * Malt Extract" and 
(in an accompanying booklet) "Dried malt extract with its valuable diastatic 
content * * * diastatic malt with its rich enzyme * * * for the 
prompt digestion of starch. * * * Kelpamalt supplies the enzyme, di- 
astase", in that it did not consist of malt extract, did not have valuable 
diastatic content, and contained no diastatic malt with its rich enzyme. Said 
article was alleged to be misbranded (1) in that the name "Kelpamalt" and 
the statement "Seedol Kelpamalt consists of * * * Malt Extract", borne 
on the labels, were false and misleading because it did not contain malt 
extract; and (2) in that the statement, "A New Mineral Concentrate from 
the Sea", contained in an accompanying booklet, and the statement "try this 
truly amazing mineral concentrate", contained in an accompanying circular, 
were false and misleading in that the article contained ingredients other than 
minerals. Said article was alleged to be misbranded further in that state- 
ments regarding its curative or therapeutic effect, contained in an accompany- 
ing booklet and circulars and other printed matter, falsely and fraudulently 
represented that it was capable of producing the effects, among others, claimed 
in said statements in substance and effect as follows: That the article would 
be effective to aid or promote nutrition, to cause or produce gain or increase 
in weight, to improve the general physical condition, and to improve the 
appetite and digestion; effective as a body builder and weight builder, and 
to supply the system with minerals lacking in foods; effective to feed starved 
glands and to build red blood, to cause permanent gain in flesh, to steady 
the nerves, to increase the energy, to supply glands with the necessary and 
adequate iodine and to cause them to function properly, and to promote 
assimilation and metabolism; effective as a cure or remedy for, or for the 
relief or treatment of, the weak, the skinny, the run-down, the tired-out, 
the worn-out, the nervous, the haggard, the pale, and the sickly and ailing,
stomach troubles, disorders, and distress, acid stomach, sick stomach, distress 
after eating, gas and gas pains and bloating, digestive troubles and dis- 
turbances, indigestion, intestinal troubles and disturbances, liver trouble, con- 
stipation, loss and lack of appetite, bad breath, headache, dizziness, sleepless- 
ness, irritability, nervousness, skin troubles colds, loss of and deficient and 
diminished weight, goiter, toxic goiter, defective functioning of glands, blood 
and glandular ailments, loss and lack of strength, energy, and vitality, run- 
down constitution, worn-out nerves, anemia, female ailments and disorders, 
and abnormal and painful menstruation.
The Kayan was alleged to be adulterated in that its strength and purity 
fell below the professed standard and quality under which it was sold, namely, 
(in an accompanying circular) "A granulated powder from the sap of an Asiatic 
tree—Kayan", in that the article was not a granulated powder from the sap of 
an Asiatic tree (Kayan) but consisted essentially of phenolphthalein, a syn- 
thetic coal-tar cathartic, a gum, sugar, and starch. Said article was alleged 
to be misbranded in that statements regarding its curative or therapeutic 
effect, contained in an accompanying circular, falsely and fraudulently rep- 
resented that it was capable of producing the effects claimed, among 
others, in said statements in substance and effect as follows: That the article 
would be effective to relieve and cure constipation and to relieve and prevent 
the conditions incident thereto and symptomatic thereof, such as distension 
of the colon, intestinal fermentation, gas in the stomach, toxemia and auto- 
intoxication, headaches, stomach acid, and pains around the heart.
On February 1, 1937, no claimant having appeared, the court adjudged 
and decreed the articles to be condemned as misbranded, and ordered their 
destruction.
HARRY L. BROWN, 
Acting Secretary of Agriculture.