11500. Misbranding of VitaTvafers and Alkawafers. V. S. v. 3 Dozen Boxes * * *. (F. D. C. No. 12678. Sample No. 79542-F.) LIBEL FILED : June 12, 1944, District of Columbia. ALLEGED SHIPMENT: On or about May 22, 1944, from San Francisco," Calif., by Aria Calve. PRODUCT: 3 dozen boxes of Vitawafers and Alkawafers at Washington, D. C. Examination indicated that the articles had essentially the composition de- clared on the label, and that the Alkawafers would also provide calcium, phosphorus, and iron. LABEL, IN PART : "Aria Calve Vitawafers and Alkawafers * * * 60 Vitawafers and 21 Alkawafers. Each vitamin contains Vitamin Bi, 100 Int. Units; vitamin B2 (G), 50 micrograms; niacinamide, 500 micrograms; calcium pantothenate, 5 micrograms; pyridoxion (Be), 51 micrograms; vitamin D, 100 Int. Units; plus irradiated yeast, cinnamon, succorose malt. Each Alka wafer contains: calcium gluconate, sodium bicarbonate, plus vegetable binder." NATURE OF CHARGE: Misbranding, Section 403 (a), certain statements in circu- lars entitled "The Easy Weigh to Slenderness" and "Aria Calve Reducing Regimen," which were shipped with the articles, were false and misleading. These statements represented and suggested that the articles would be effec- tive to cause loss of body weight, to compensate when used as directed for all dietary deficiencies that may result from diminished food intake, and to insure body vigor, health, and freedom from disease. The articles would not be effective for such purposes. Further misbranding, Section 403 (j), (Alkawafers) the article purported to be and was represented as a food for special dietary uses by man by reason of its calcium, phosphorus, and iron content, and its label failed to bear, as required by the regulations, a statement of the proportion of the minimum daily requirement of calcium, phosphorus, and iron supplied by a specified quantity of the product when consumed during a period of one day; and, Section 403 (f), the statement of ingredients required by Section 403 (i) (2) and the information regarding the vitamin and mineral properties of the respective articles, required by the regulations promulgated under Section 403 (j), were not prominently placed on the label of the articles with such conspicuousness as to render it likely to be read by the ordinary individual under customary conditions of purchase and use, since the information ap- peared inconspicuously on the side panels of the containers of the articles. DISPOSITION: Aria Calve, claimant, having filed a motion for the removal of the case to the Northern District of California, a stipulation for such removal was entered into between the claimant and the United States Attorney, and the case was ordered removed on June 18,1945. Following such removal, the claimant consented to the entry of a decree, and judgment of condemnation was entered and the products were ordered destroyed. INDEX TO NOTICES OF JUDGMENT F. N. J. NOS. 11301 TO 11500 PRODUCTS N. J. No. Alkawafers and Vitawafers 11500 Apple butter 11426 Asparagus, eanned 11430 frozen 11446 Autry's Minerals 11497 Bakery products 11314-11318 Bean(s), canned 11431,11432 sprouts 11433 dried, lima 11453 frozen, green 11447-11449 string 11450 Beer 11301,11302 Bevco Stabilizer 11313 Beverages and bever- age materials 11301-11313,11468 Blackberries, canned 11405,11406 frozen 11419-11422 Blueberries, fresh 11418 Brazil nuts 11471 Bread 11314,11315 Brewers flakes 11333 Butter J11360-11371 Cakes and cookies 11316-11318 Candy 11340-11351 Caviar 11393 Cereals and cereal prod- ucts 11314-11339 Cheese a 11372-11377 Cheddar 11373 Gouda 11375 Swiss 11376,11377 N. J. No. Cherries, canned 11407 Chocolate 11352 coating 11353 I liquor 11354 nut fudge 11348 Clams, canned 11394 Codfish flakes, canned 11389 Cookies. See Cakes and cookies. Corn meal 11319-11323 seed 11388 Crab meat 11395-11399 Cream 11378,11379 Dairy products *•s 11360-11380 Date (s) 11410,11411 confection 11428 Dog food 11387 Dublegg (frozen egg product) 11385 Egg(s), frozen 11381-11384 product (Dublegg) 11385 noodles 11331 Enriched flour 11328,11329 Farina 11335 Fats. See Oils and fats. Feeds and grains 11386-11388 Filberts, shelled 11471 Fish and shellfish 11389-11404 Flavors. See Spices, flavors, and seasoning materials. Flour 11324-11329 French Style Dressing 11487 1 (11361) Prosecution contested. 2 (11372) Permanent injunction issued.