7922. Misbranding of Min-O-Malt (chocolate-flavored sirup). U. S. v. 821 Car- tons of Chocolate Flavor Syrup. Consent decree of condemnation. Product ordered released under bond. (F. D. C. No. 12347. Sample Nos. 20294-F, 20299-F.) LIBEL FILED: May 11, 1944, District of Massachusetts. ALLEGED SHIPMENT: On or about August 11 and 19, 1943, by the Energy Food Co., from Brooklyn, N. Y. PRODUCT: 821 cartons, each containing 12 jars, of chocolate-flavored sirup (Min-O-Malt), at Lynn, Mass. LABEL IN PART: "Chocolate Flavor Syrup Enriched with Energizing Vitamins and Minerals 1 Lb. 6 Oz. Net Delicious Min-O-Malt New Vitamins Added Nutritious." VIOLATIONS CHARGED: Misbranding, Section 403 (a), the label statement "1 Lb. 6 Oz. Net" was false and misleading as applied to the product, which was short- weight. Further misbranding, Section 403 (a), the labeling statements quoted below created the false and misleading impression that use of the article would increase resistance to disease and would result in good teeth, proper bone formation, rich blood, physical and mental well-being, and normal health; and that the article would supply nutritional factors ordinarily lacking in or unobtainable from ordinary foods: (Label) "Energizing * * * for better resistance * * * for better appetite * * * for healthier skin * * * for better digestion * * * for healthier teeth * * * f or solid bone structure * * * f or more red blood cells * * * Vitamins and Minerals play a decisive role in the physical and mental well- being of the individual. These minute substances in foods make for the normal functioning of body processes. Minerals are the building stones of the cells, form- ing the bone and tissue structure of the body. Vitamins and Minerals help to defeat deficiency diseases, and make for buoyant health"; (circular entitled "The Importance of Vitamins and Minerals") "for normal health and nourishment * * * sufficient for maintaining normal health. * * * foods alone are not suffi- cient to keep the body in normal health; but that Vitamins and Minerals play the decisive role in the physical and mental well-being of the individual. * * * increases resistance to infection; promotes growth, and helps to prevent night blindness. * * * stimulates appetite; promotes growth; aids normal in- testinal function, and helps to maintain a healthy nervous system. * * * prevents various skin and eye infections. It is also essential for normal well- being. * * ?* essential in the prevention and cure of Pellagra, a disease affecting practically every system in the body. Pellagra is primarily a disease found in the southern climates, but pre-Pellagra conditions are known to exist in practically every part of the world. The importance of this Vitamin in the daily nutrition is, therefore, self-evident. * * * It plays a very important part in the formation of sound teeth and the maintenance of their normal struc- ture. * * * helps to build the red cells in the blood stream. Nutritional anemias (poor Blood), caused by lack of iron are greatly benefitted by a prompt intake of iron or iron-rich foods. * * * Unfortunately, however, in our modern way of life, we have developed a taste for highly refined food products, cooked and preserved in various ways, with the result that many foods have been robbed of these all-important Vitamin and Mineral elements. More than that, our present form of living in crowded cities, far from nature, has caused increased nervous tension. The quick tempo of our city life has forced us to resort to super-refined foods so that our systems- can no longer tolerate the roughage necessary for the maintenance of normal health. * * * The medical profession has recommended an excess of Vitamins rather than a mini- mum of Vitamin. It is, therefore, important that everyone should always be furnished with a plentiful supply of all essential Vitamins and Minerals. * * * However, milk lacks certain important Vitamins and Minerals, and in our modern diet these valuable substances are not supplemented in sufficient quan- tities. Hence Improved Min-O-Malt which has been enriched with these Min- erals and Vitamins makes an ideal addition to milk. * * * Vitamins A Bj (Thiamin Hydrochloride), B2 (Riboflavin), Niacinamide, and Vitamin D necessary for the maintenance of normal health. A pint jar of Improved Min- O-Malt contains 35,000 Units of Vitamin A, more than is found in 30 pounds of bananas. A pint jar of Improved Min-O-Malt contains 2,500 Units of Vitamin ~Bi (Thiamin Hydrochloride), more than is found in 25 bowls of cooked oat meal. A pint jar of Improved Min-O-Malt contains 14,000 Micrograms of Vitamin B2 (Riboflavin), more than is found in 55 pounds of tomatoes. A pint jar of Improved Min-O-Malt contains 85 Milligrams of Niacinamide, more than is found in 25 pounds of veal. A pint jar of Improved Min-O-Malt contains 3,500 Units of Vitamin D, more than is found in 125 quarts of milk. A pint jar of Improved Min-O-Malt contains 1,200 Milligrams of Calcium, more than is found in 33 pounds of liver. A pint jar of Improved Min-O-Malt contains 1,100 Milligrams of Phosphorus, more than is found in 12 pounds of butter. A pint jar of Improved Min-O-Malt contains 84 Milligrams of Iron, more than is found in 80 pounds of milk." Further misbranding, Section 403 (b), the product was offered for sale under the name of another food, since chocolate-flavored sirup, which the article was represented to be, does not contain ingredients other than sugar sirup flavored with chocolate or cocoa; Section 403 (e) (2), the label failed to bear an accurate statement of the quantity of contents; and, Section 403 (j), the article was represented as a food for special dietary uses by reason of its vitamin A, vitamin Bj, vitamin B2, niacinamide, vitamin D, calcium, phosphorus, and iron content, but its label failed to bear, as required by the regulations, a statement of the proportion of the minimum daily requirements of these food factors provided by the product when consumed in a specified quantity during a period of 1 day. DISPOSITION: November 27, 1944. Abraham Herwitz, Lynn, Mass., 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.