13404. Misbranding of wheat germ.    U. S. v. 12 Cases    *    *    *.    (F. D. C. No.
24852.   Sample No. 43048-K.)
LIBEL FILED :    May 20,1948, Eastern District of Wisconsin. 
ALLEGED SHIPMENT :    On or about April 1,1948, by Kretschmer Corp., from Car- 
rollton, Mich.
PRODUCT: 12 cases, each containing 12 12-ounce jars, of wheat germ at Mil- 
waukee, Wis.
LABEL IN PART : (Jar) "One ounce of Kretschmer's Toasted Wheat Germ equals 
All of the following: [picture of a bowl presumably containing cereal] 4 oz. 
oatmeal (in Bt, for body tone), [picture of a beef steak] 1% ozs. lean beef (in 
protein, for muscle building), [picture of a graham cracker] 3 Graham crackers 
(in calories, for energy), [picture of raisins] 4.6 ozs. raisins (in iron, for blood 
building)."
NATURE OF CHARGE: Misbranding, Section 403 (a), certain statements and de- 
signs on the jar label and in a circular entitled "Wheat Germ" inserted under 
the label of the jar were false and misleading. These statements and designs 
represented and suggested that the product was nonf attening; that the 
diets of individuals in this country are generally deficient in vitamin Bi; that 
the product would be effective in the prevention and treatment of loss of ap- 
petite, muscular weakness, low body temperature, and other serious physical 
and nerve disorders; that use of the product would insure normal health and 
would promote regular bowel activity; and that one ounce of the product was 
equal in food value to the total food value of the foods listed on the jar label. 
The product would not be efficacious for the purposes represented and sug- 
gested, and 1 ounce of the article was not equal in food value to the total food 
value of the various foods listed on the jar label.
Further misbranding, Section 403 (j), the product purported to be a food for 
special dietary uses by reason of its vitamin A, vitamin G, vitamin E, calcium, 
iron, 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 vitamin A, vitamin G, vitamin B, calcium, iron, and phosphorus supplied by 
the food when consumed in a specified quantity during a period of one day; 
and the need in human nutrition for vitamin E not having been established, its 
label failed to bear the statement that the need for vitamin B in human 
nutrition has not been established.
DISPOSITION: August 3, 1948. Default decree of condemnation. The product 
was ordered delivered to a charitable institution.