8493. Adulteration and misbranding of wheat germ.   U. S. v. Omar, Inc.   Plea of
nolo contendere.    Fine, $500.    (F. D. C. No. 14304.    Sample No. 69657-F.)
INFORMATION FILED: March 28, 1945, District of Colorado, against Omar, Inc., 
Denver, Colo.
ALLEGED SHIPMENT : On or about April 25,1944, from the State of Colorado into 
the State of New Mexico.
LABEL IN PART :    "Omar Toasted Wheat Germ."
?See also No. 8305.
of the product, thiamine (vitamin Bi), had been in part omitted, since it was 
labeled as containing 15 milligrams of thiamine per pound, whereas it actually 
contained not more than 10.9 milligrams.
Misbranding, Section 403 (a), certain label statements were false and mis- 
leading in that they represented and suggested that the product contained not 
less than 15 milligrams of thiamine (vitamin Bi) per pound; that the product 
would supply sufficient quantities of the vitamin B complex and calcium to 
correct all deficiencies of these substances in the diet; and that it is ordinarily 
necessary to supplement the diet with wheat germ or a similar product in 
order to obtain sufficient vitamins and minerals. The product contained less 
than 15 milligrams of thiamine per pound; it would not supply sufficient 
quantities of vitamin B complex and calcium to supply all deficiencies of 
those substanc.es in the diet; and it is not ordinarily necessary to supplement 
the diet with wheat germ or a similar product, since the ordinary diet contains 
sufficient vitamins and minerals for normal nutrition.
Further misbranding, Section 403 (a), the label statement, "anti pellagra 
factor," following the word "Niacin," was misleading because it created the 
impression that the product in the quantity ordinarily consumed would be 
of value in the prevention and treatment of pellagra, whereas it would not 
be of value for such purposes; and, Section 403 (j), the product purported to 
be and was represented as a food for special dietary uses by reason of its 
properties in respect of certain vitamins and minerals, and its label failed to 
bear, as the regulations require, (1) a statement of the proportion of the 
minimum daily requirements for thiamine (vitamin Bi), riboflavin (vitamin 
B2), iron, calcium, and phosphorus supplied by the product when consumed in 
a specified quantity during a period of 1 day, (2) a statement of the quantity 
of niacin present in a specified quantity of the product, and (3) the statement 
that the need for vitamin E in human nutrition has not been established.
DISPOSITION: June 22, 1945. A plea of nolo contendere having been entered 
on behalf of the defendant, the court imposed a fine of $250 on each count, a 
total fine of $500.