15646. Misbranding of wheat germ. U. S. v. Kretschmer Corp. Plea of nolo 
contendere. Fine, $300. (F. D. C. No. 25615. Sample Nos. 41642-K, 
43047-K, 43048-K.)
INFORMATION FILED: March 15, 1949, Eastern District of Michigan, against 
the Kretschmer Corp., Carrollton, Mich.
ALLEGED SHIPMENT: On or about March 23 and April 1 and 6, 1948, from the 
State of Michigan into the State of Wisconsin. Accompanying the product 
was a circular entitled "Wheat Germ."
LABEL IN PART: "Kretschmer's Wheat Germ * * * One ounce* of 
Kretschmer's Toasted Wheat Germ equals All of the following: 4 oz. oatmeal 
(in Bi, for body tone) 1% ozs. lean beef (in protein, for muscle building) 
3 Graham crackers (in calories, for energy) 4.6 ozs. raisins (in iron, for 
blood building) In addition, Kretschmer's Toasted Wheat Germ is a rich 
natural source of vitamin E, and contains helpful amounts of B-complex, A, 
and G vitamins, calcium and phosphorus. Non-Fattening Easily Digested 
*1 ounce equals 2 heaping Tablespoonfuls."
NATURE OF CHARGE: Misbranding, Section 403 (a), certain statements in the 
labeling were false and misleading. These statements represented and sug- 
gested that the product was not fattening; that the diets of individuals in this 
country are generally deficient in vitamin Bi; that the product would be effi- 
cacious in the prevention and treatment of loss of appetite, muscular weak- 
-   ness, low body temperature, and other serious physical and nervous disorders;
that the 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 4 ounces of oatmeal, 1% ounces of lean beef,
. 3 graham crackers, and 4.6 ounces of raisins. The product was fattening; 
the diets of individuals in this country are not generally deficient in vitamin
Bi the product was not capable of fulfilling the promises of benefits stated
and implied; and one ounce was not equal in food value to the total value of 
the foods listed.
Further misbranding, Section 403 (j), the product purported to be, and was
represented, for special dietary uses by man by reason of its vitamin properties
in respect to vitamin A, vitamin 6, and vitamin E, and by reason of its mineral
'   properties in respect to calcium, iron and phosphorus; and its label did not
bear as required by the regulations a statement of the proportion of the min-
- imum daily requirement for vitamin A and vitamin G which would be supplied 
by the product when consumed in a specified quantity during a period of one 
day; the label did not bear a statement of the quantity of vitamin E in a 
specified quantity of the article; the label failed to bear a statement that the 
need in human nutrition for vitamin E has not been established; and it 
failed to bear a statement of the proportion of the minimum daily require- 
ment for calcium, iron, and phosphorus which would be supplied by the product 
when consumed in a specified quantity during a period of one day.
DISPOSITION : June 24, 1949. A plea of nolo contendere having been entered, 
the defendant was fined $300.