12780. Misbranding of Nova Kelp tablets.   U. S. v. 48 Bottles    *     *     *.    (F. D. C.
No. 23460.    Sample No. 39024-H.)
LIBEL FILED :   June 27,1947, Eastern District of Michigan.
ALLEGED SHIPMENT: Between the approximate dates of April 16, 1945, and 
March 18, 1947, by the Johnstone Drug Sales Corp., from Rochester, N. Y.
PRODUCT: 11 150-tablet bottles, 32 300-tablet bottles, and 5 750-tablet bottles 
of Nova Kelp at Detroit, Mich. Examination showed that the product consisted 
of dried seaweed containing, per tablet, 1.19 milligrams of iodine, 2.91 milli- 
grams of iron, 5.66 milligrams of calcium, 0.009 milligram of copper, 1.07 milli- 
grams of phosphorus, and lesser quantities of other elements in chemical com- 
bination.
LABEL IN PART: "Nova Kelp From Nova Scotia A Deep-Sea Edible Plant 
With No Added Drugs or Chemicals."
NATURE OF CHARGE: Misbranding, Section 403 (a), the label statement "Dietary 
Supplement Rich in * * * Calcium, Copper, Sodium, Magnesium, Potas- 
sium, Phosphorus" was false and misleading, since the article was not a 
rich dietary supplement of such minerals. Further misbranding, Section 
403 (j), the article purported to be, and was represented as, a food for 
special dietary uses by reason of its iodine, iron, calcium, copper, sodium, mag- 
nesium, potassium, and phosphorus content; and its label failed to bear, as 
required by the regulations, a statement of the proportion of the minimum 
daily requirements of calcium, phosphorus, iodine, and iron, and the amounts of 
copper, sodium, magnesium, and potassium supplied by the article when con- 
sumed in a specified quantity during a period of 1 day.
DISPOSITION :   October 10,1947.  Default decree of condemnation and destruction.