2994. Misbranding of Earles Vital Vim.     IT. S. v. 8 Cases of Wheat Germ.     De¬
fault decree of condemnation and destruction.    (F. D. C. No. 4770.    Sam- 
ple No. 47271-E.)
The labeling of this product contained false and misleading therapeutic claims.
On May 19, 1941, the United States attorney for the Northern District of 
Illinois filed a libel against 8 cases, each containing 24 18-ounce packages, of a 
product labeled "Eai-les Vital Vim * * * Pure Wheat Germ" at Chicago, Ill., 
alleging that the article had been shipped by W. H. Earles Co. on or about 
April 25, 1941; and charging that it was misbranded.
The article was alleged to be misbranded in that statements in the labeling 
which represented that it was efficacious to restore and maintain health and 
vigor; that it would be efficacious in the prevention and treatment of over- 
weight, underweight, fatigue, colitis, constipation, neuritis, arthritis, stomach 
troubles, indigestion, high blood pressure, hardening of-the arteries, and sleep- 
lessness; that it would be efficacious to strengthen the digestive organs, assist 
intestinal activity, and bring about good digestion and proper assimilation; and 
that it would be efficacious to soothe the nerves and improve the circulation, 
tone the arteries, invigorate the heart muscles and normalize blood pressure; 
and ward off or preventcommon colds or grip, were false and misleading since 
it would not be efficacious for such purposes. 
It was alleged to be misbranded also under the provisions of the law applicable 
to drugs, as reported in notices of judgment on drugs and devices.
On October 1, 1941, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.