5791. Misbranding of Bemax.   U. S. v. 996 Dozen Tins of Bemax.    Consent decree
of condemnation.    Product ordered released under bond for relabeling.
(F. D. C. No. 9269.   Sample Nos. 18925-F to 18928-F, incl., 18989-F to 18993-F, 
incl.)
This product was represented to contain 380 International Units of vitamin 
: Bj per ounce, whereas portions contained not more than 300 International Units 
of vitamin Bi per ounce. 
On February 3, 1943, the United States attorney for the District of New Jer- 
sey filed a libel against 996 dozen tins of Bemax at Bloomfield, N. J., alleging 
that the article, which had been consigned by Vitamins Limited, London, Eng- 
land, had been delivered to Bemax Laboratoies, Inc., Bloomfield, N. J., from 
London, England, within the period from on or about June 24, 1940, to April 25,
.;Brand charging tha^-it was misbranded.   The article was labeled in part: 
"Bemax Stabilized and Standardized Entire Wheat Germ." <'}        --    -
-A. portion of the article was alleged to he_misbranded in that the statement.
, "'Bemax-average's 380 International units of vitamins (thiamin) to the ounce,"
'appealing on the label, was false and misleading since it contained less than 380 
International Units of vitamins per ounce". , 
, ' '    
All lots were alleged to be misbranded (13 in that the following statements 
appearing in their labeling: "Mineral'Analysis Mg. per oz. Calcium (Ca) 16.2 
Phosphorus  (P) 312   Iron (Fe) 2_.7   Copper (Cu)  .43   , Magnesium  (Mg) 93
' Sodium
" and Potassium (Na + K) 192 Chlorine (CI) 5 Manganese (Mn) 4," 
were misleading since such statements represented and suggested that the article 
contained nutritionally significant amounts of the minerals- specified^ whereas 
the article did not contain such amounts of those minerals; (2) in that the com- 
mon or usual name of the food, wheat germ, required by the law to appear on the
• label, ,was not prominently placed thereon with such conspicuousness (as com- 
pared with other words, statements, and designs in the labeling) as to render it 
likely to be read and understood by the ordinary individual under customary 
conditions of purchase and use; and (3) in that the article purported to be and 
was represented as a food for special dietary uses by reason of its content of 
vitamin Bi and the associated vitamins, mineral elements, and other nutritional 
factors of cereal embryo, and its label failed to bear such information concerning 
its vitamin ahd mineral properties as has been determined to be, and by regula-
: tions prescribed as,' necessary in order fully to inform purchasers as to its yalue 
for such uses, since' its label did not state the proportion of the minimum daily re- 
quirement of vitamin Bi, riboflavin, iron, and calcium contained in a specified 
quantity of such food which is customarily or usually consumed during a period 
of 1 day.
Oh June 24, 1943, Bemax Laboratories, Inc., claimant, having admitted the 
allegations of the libel, judgment of condemnation was entered and,the product 
was ordered-released under bond for relabeling, under the supervision of,the 
Food and Drug Administration, so that it would comply with the requirements of 
the law.