23099. Wheat germ oil capsules. (F. D. C. No. 37655. S. Nos. 9-325/6 M.) QUANTITY : 44 400-capsule btls. and 36 100-capsule btls. at West Los Angeles, Calif. SHIPPED: 5-18-54 and 11-23-54, from Philadelphia, Pa., by Kichlyn Labora- tories. LABEL IN PART : (Btl.) "Wheat Germ Oil Each capsule contains Wheat Germ Oil * * * 3 Miliums (A refined cold pressed oil from Wheat Embryo.) The need for Wheat Germ Oil in human nutrition has been established. Dose: 1 or 2 capsules daily or prescribed by a physician. Caution: Federal law prohibits dispensing without a prescription." LIBELED: 2-14-55, S. Dist. Calif. CHARGE: 403 (a)—the statement on the label of the article when shipped, namely, "The need for Wheat Germ Oil in human nutrition has been estab- lished," was false and misleading since such need has not been established. 403 (j)—the label of the article failed to bear, as required by the regulations on foods for special dietary uses, a statement of the quantity of vitamin E activity present in a given amount of the article or in a quantity of the article customarily or usually consumed during the period of one day; and the label failed also to bear the statement "The need for vitamin E in human nutrition has not been established." The wheat germ oil capsules and another article, namely, glutamic acid tablets, were alleged also to be misbranded under the provisions of the law applicable to drugs, as reported in notices of judgment on drugs and devices, No. 4746. DISPOSITION : 3-8-55. Default—destruction.