14750. Adulteration and misbranding of Paracelsus. U. S. v. 24 Cans * * *. (F. D. C. No. 24898. Sample No. 34235-K.) LIBEL FILED : June 29, 1948, Northern District of California. ALLEGED SHIPMENT: By the American Biochemical Corp., from Cleveland, Ohio. The product was shipped on or about May 3,1948, and a number of reprints from the Lets Live Newsmagazine were shipped during February 1948. PRODUCT: 24 cans of Paracelsus, each containing 1-pound, 5-ounces, at Oakland, Calif., together with a number of reprints from the Lets Live Newsmagazine entitled "Malnutrition, Disease, Due to Mineral Lack." Examination showed that the product was a mineral mixture containing per % teaspoon, 66 milli- grams of calcium and 0.55 milligram of iron, or 8.8 percent of the adult mini- mum daily requirements for calcium and Iron. NATURE OF CHARGE: Adulteration, Section 402 (b) (1), valuable constituents, iron and calcium, had been In part omitted from the article. Misbranding, Section 403 (a), certain statements In the reprint were false and misleading since they represented and suggested that the article was effective to prevent and cure malnutrition and disease, to provide pep, to stimulate hormone production, and to prevent and cure arthritis, and that all individuals suffered from mineral deficiency and would benefit by use of the article. The article was not effective for such purposes and was not capable of fulfilling the promises of benefit stated and implied. Further misbranding, Section 403 (a), the following label statements were false and misleading since if taken as directed the article would supply mate- rially less calcium and iron than stated: When Taken According to Direction Will Supply Percentage of Daily Require- ments as Listed: Calcium m Iron Man 13.50% 16.00% Woman 13 50% " "" Pregnancy latter half 7. 00% Lactation 5.25% Children 1 to 9 years 10 75% Children 30 to 12 years 9.00% Girls 33 to 15 years 8.00% Boys 13 to 15 years 7. 50% Girls 16 to 20 years 10 50% Boys 16 to 20 years 7.50% * * * * * * 16. 00% 3 2 75% 32. 757o 3 9.20% 16. 00% 3 3. 00% 13. 00% 33. 00% 3 3.00% » * * The article was alleged also to be misbranded under the provisions of tbo law applicable to drugs, as reported in notices of judgment on drugs and devices, No. 2585. DISPOSITION : September 21, 1948. struction. Default decree of condemnation and de- INDEX TO NOTICES OF JUDGMENT F. N. J. NOS. 14701 TO 14750 PRODUCTS N. J. No. Alfalfa meal 14722 Bakery products 14701-14705 Bonita, canned 14725 Bread 14701-14704 crumbs 14701 Butter 14716-14719 Canadian Refuse Screenings (animal feed) 14723 Candy 14712, 14713 Cereals and cereal products 14701- 14711 Cherries, canned 14728 Clams, canned 14726 Cones, ice cream 14705 Confectionery 14712-14715 Corn, canned 14730-14734 meal 14706, 14707 Dairy products 14716-14719 Eggs, whole, frozen 14720,14721 Enriched flour 14711 Feeds and grains 14722,14723 Fish and shellfish 14724-14727 Flour 14708-14711 Fruits and vegetables a 14728-14748 fruit, canned 14728,14729 tomatoes and tomato prod- ucts 314739-14748 N. J. No. Fruits and vegetables—Cont. vegetables and vegetable prod- ucts 14730-14738 Grains. See Feeds and grains. Greens, mustard 14735 Honey 14714 Ice cream cones 14705 Minerals with yeast 14749 Mustard greens 14735 Paracelsus 14750 Peaches, canned 14729 Peanuts, candy-coated 14713 Peas, canned 14737 split (in sacks) 14736 Pickles, sweet 14738 Salmon, smoked, sliced 14724 Shellfish. See Fish and shellfish. Shrimp, frozen 14727 Sirup, cane 14715 Tomato(es), canned 14744-14747 catsup 14748 puree 314739-14744 Vegetables. See Fruits and vege- tables. Vitamin, mineral, and other prod- ucts of special dietary signif- icance 14749, 14750 Yellowtail, canned 14725 SHIPPERS, MANUFACTURERS, AND DISTRIBUTORS N. J. No. Abt's Seafood Products. Inc.: canned clams 14726 Afsco Industries: sirup 14715 Alban, Frank: bread and bread crumbs 14701 Alban Health Foods Bakery, Inc.: bread and bread crumbs 14701 N. J. No. American Biochemical Corp. .- Paracelsus 14750 Ariston Canning Co.: canned tomatoes 14747 Beatrice Foods Co.: butter 14716 Blue Valley Creamery : butter 14716 1 (14739) Seizure contested. Contains opinions of circuit court and district court.