5794.  Misbranding of   Spark-0-l.if.     XT.   S.   v.   418   Packages   İf   Spark-O-Life.
Decree of destruction.    (F. D. C. No. 9197.    Sample No. 2547-F.)
On or about January 20, 1943, the United States attorney for the Western 
District of Missouri filed a libel against 418 packages, each containing 24 
ounces, of Spark-O-Life at Kansas City, Mo., alleging that the-article had been 
shipped in interstate commerce on or about January 6, 8,11, and 13, 1843, from 
Kansas City, Kans., by Spark-O-Life Co.; and charging that it was misbranded.
The article was alleged to be misbranded in that the statements appearing in 
its labeling which represented and suggested that the article was pure, una- 
dulterated wheat embryo (germ) ; that, when taken as recommended, it. was of 
important nutritional significance because of its content of riboflavin, vitamin 
E, magnesium, calcium, and iron; that it was effective in preventing or over- 
coming fatigue, lack of stamina, constipation, joint pains, and various types of. 
nervous and digestive diseases; that it was effective to promote health and build 
new energy; and that a boxful of the article contained all of the wheat germ 
which would be derived from 750 pounds of wheat, or the total quantity of wheat 
produced on 1 acre of rich wheat land, were false and misleading since the 
article was a mixture of wheat germ, wheat bran, and wheat flour; the ribo- 
flavin, vitamin E, magnesium, calcium, and iron content of the article was not 
of important nutritional significance; the article was not effective in preventing 
or overcoming the conditions mentioned, and would not promote health and build
new ;energy; and 1 boxful of-the article did not ccqntainT the amount of wheat 
. germ represented or^stiggested.     '      ,     '   ' . ,   '. ,    ,        IT-- '
* It was alleged" tobe misbranded further in thaf it purported to be and was- 
represented^ as a food for special dietary use by reason of its content of vitamin 
, Bi, riboflavin,
' vitamin E, phosphorus, magnesium, calcium, and iron, and its- 
label failed to bear such(information concerning its vitamin, mineral, and other 
dietary'1 properties as lias been determined to be, and by regulations prescribed 
as, 'necessary in order fully to inform purchasers as to its value for such uses,, 
since its fabel did not state the proportion of the minimum daily requirement of 
1 vitamin Bi and riboflavin, phosphorus, calcium, and iron contained in a specified 
quantity of the food which was customarily or usually consumed during a period, 
of 1 day; it did not state the amount of vitamin E contained in a specified 
quantity of the food and that the need for vitamin E in human nutrition has not 
been established; and it did not state the quantity of magnesium contained in a 
specified amount of the food.
v
Son March 22, 1943, no claimant having appeared, the court entered its findings 
that the product was niisbranded and adjudged and decreed that "the findings 
and* judgment herein extend to, and include, the name, Spark-O-Life, as it is- 
Avritten and printed upon the container cans (packages) described in the libel 
fiTed herein, with the other writings found to be effective as a Misbranding of 
the product in question, it being the finding and the judgment of the court that 
such said name is not a name common, or usual, or practicable, to describe; 
products such as is described generally on the label which is quoted in the saicfc 
libel."   The court further ordered that theproduct be destroyed.