9178. Misbranding of Diet Supplements No. 4B and No. 10.    P. S. v. Dr. Pierre A.
Boncquet (Dr. P. A. Boncquet Products). Plea of not guilty. Verdict of 
guilty. Fine, $300. Sentence of 1 year in jail suspended and defendant 
placed on probation for 3 years. (F. D. C. No. 14277. Sample Nos. 62752-F, 
81335-F.)
INFORMATION FILED : March 10,1945, Southern District of California, against Dr. 
Pierre A. Boncquet, doing business as Dr. P. A. Boncquet Products, Los 
Angeles, Calif.
ALLEGED SHIPMENT : On or about March 25 and April 6, 1944, from the State of 
California into the States of Missouri and Kansas.
PRODUCT: Examination indicated that the products were aqueous, sirupy sus- 
pensions containing large amounts of reducing sugars and smaller amounts of 
dissolved and undissolved proteinaceous matter, lactic acid, calcium, iron, 
chloride, phosphate, and a trace of manganese.
certain statements on the label and in an accompanying circular entitled "A 
Reconstruction Diet With Vital Raw Organs From Healthy Animals" were 
false and misleading since they represented and suggested that the article 
contained a nutritionally significant amount of protein; that it would be of 
especial value as a supplement for a diet in pernicious and nutritional anemia; 
that it was a concentrate of proteins; that it was a concentrated food; that it 
would produce new activity and strengthen every organ of the body; that it 
would cause normal functioning of the organs of the body; that it would build 
practically every organ of the body and restore vigorous health and youthful 
strength; that it would rebuild the blood-forming organs and reinvigorate the 
blood; that it would rebuild the heart muscle,, the stomach muscle, the intes- 
tines, the kidneys, the glandular tissue, the brain tissue, and the defensive 
tissue, so that the sick organs of the body would be immediately fed by the 
"building stones" that had been lacking in the diet; that it would provide 
special^ nutrition for the body; that it was very high in natural vitamins; and 
that it contained substantial amounts of the vitamins found in meat. The 
article did not contain the amounts of protein and vitamins represented; it was 
not a concentrate of proteins; it was not a concentrated food; and it would not 
accomplish the results claimed.
Diet Supplement No. 10. Misbranding, Section 403 (a), certain statements 
on the label and in an accompanying leaflet entitled "Hydro-Thropic Calcium 
Ionizable No. 10" were false and misleading since they represented and sug- 
gested that the article contained a nutritionally significant amount of protein; 
that it would increase the ionizable calcium in the blood stream, relieve the 
hyperfunction of the cortex of the adrenal gland, and regulate the sodium 
chloride retention of the body liquids; that it would increase the rate of cell 
renovation and cell growth and reconstruction; that it would favor the bene- 
ficial bacterial flora in the intestinal tract and eliminate a putrefying bacterial 
flora; that it would increase the tone and favor the reconstruction of the muscles 
of the intestinal wall and prevent stasis, atonia, and inflammation of the intes- 
tines; that it would prevent hyperplasia of the parathyroid glands; that it 
would prevent hyperirritabUity of the whole nervous system; that it would 
prevent inflammation of the trophic nerves and nerve ganglia; that it would 
prevent the "status alergicus" and all its consequences; that it would prevent 
rarefaction and reabsorption of the bone tissue, inactivation of Vitamins A 
and D, and all kinds of muscular tetany, especially during lactation; that it 
would increase and normalize the force and power of the heart beat by increas- 
ing the tone of the heart muscle; that it would prevent premature aging, atonia 
of the vagus, and sympathetic hyperfunction; that it would increase the output 
of the glands of digestion and give strength and tone to the voluntary muscles 
and nervous system; and that it was an exceptionally valuable source of as- 
similable calcium, and therefore would be of especial value in preventing a 
sequence of malfunctions that finally would bring about irreparable bone and 
organ deterioration and, finally, bacterial invasion in the necrosed tissues. The 
article did not contain a nutritionally significant amount of protein; it was 
not an exceptionally valuable source of assimilable calcium; and it would not
- be efficacious for the purposes represented. Further misbranding, Section 
403 (j), it purported to be and was represented for special dietary uses by 
reason of its mineral properties in respect of calcium, phosphorus, and iron, 
and its label did not bear, as required by the regulations, a statement of the 
proportion of the minimum daily requirements for calcium, phosphorus, and 
iron which would be supplied by the article when consumed in a specified 
quantity during a period of 1 day.
The Diet Supplement No. 4B was also alleged to be misbranded under the 
provisions of the law applicable to drugs, as reported in notices of judgment 
on drugs and devices, No. 1723.
DISPOSITION : On May 22j 1945, the defendant having entered a plea of not guilty, 
the case came on for trial before a jury. This trial resulted in a jury disagree- 
ment. Thereafter, the case was retried before another jury, resulting in a 
verdict of guilty. On October 16,1945, the court imposed a fine of $150 on each 
of counts 1 and 2, relating to the Diet Supplement No. 4B, and a sentence of 
1 year in jail with respect to count 3, relating to the Diet Supplement No. 10. 
The jail sentence was suspended and the defendant was placed on probation 
for 3 years.