27547. Hi-Proteen, Super Hi-Proteen, Hi-Proteen Reducing Aids, Multi-Purpose Hi-Proteen, Gain Weight Hi-Proteen, Hi-Proteen Cookies. (F.D.C. No. 44840. S. Nos. 22-925 R, 22-927 R, 23-743/8 R.) QUANTITY : 6 ctns. and 2 cases, each containing 12 1-lb. ctns., of Hi-Proteen; 6 cases, 12 1,000-tablet ctns. each, of Hi-Proteen Reducing Aid; 10 cases, 12 1-lb. ctns. each, of Multi-Purpose Hi-Proteen; 6 cases, 12 400-tablet ctns. each, 24 1,000-tablet ctns., and 17 cases, 12 1-lb. ctns. each, of Super Hi- gbee ; 2 cases, 12 400-tablet ctns. each, of Gain Weight Hi-Proteen; and 5 cases, 24 8-oz. ctns. each, of Hi-Proteen Cookies, at Tulsa, Okla. SHIPPED : 4-25-60 and 6-16-60, from York, Pa., by York Barbell Co., Robert C. Hoffman, president. LABEL IN PART : (Ctn.) "Hoffman's Hi-Proteen Completely New Instant A * * * Health, Energy and Body Building Food * * * One Lb. Net Weight Manufac- tured by York Barbell Co., York, Pa.," "Hoffman's Hi-Proteen Reducing Aids A New Method of Reducing and Weight Control * * * which has the proper com- bination of Class A protein, carbohydrates, natural minerals, vitamins and other essential ingredients. * * * Made by Bob Hoffman—York Barbell Co., York Pennsylvania Contents: 1,000 Tablets," "Hoffman's Multi-Purpose Hi- Proteen * * * 1 Pound Net Weight Made by Bob Hoffman—York Barbell Co. York, Pennsylvania," "Hoffman's Super-Hi-Proteen * * * a highly therapeutic agent to be used where more energy and a high degree of protein food quality is desired * * * made by Bob Hoffman—York Barbell Co., York, Pennsylvania," "Hoffman's Gain Weight Hi-Proteen Famous Strength and Muscle Building Tablets made by Bob Hoffman—York Barbell Co., York, Pennsylvania," "Hoff- man's Hi-Proteen Cookies * * * contain 5 times as much protein as the in- complete protein contained in the usual cookie * * * made with Hoffman's Hi-Proteen instead of flour, 92.6% of complete protein * * * made for Bob Hoffman, York Barbell Company, York, Pa.," and "Hoffman's Super Hi-Pro- teen Ingredients More Than 90% Protein * * * made by Bob Hoffman— York Barbell Co., York, Pennsylvania." RESULTS OF INVESTIGATION : Examination showed that the Super Hi-Proteen contained 68 percent of the declared amount of protein. LIBELED : 8-10-60, N. Dist. Okla. CHARGE: Super Hi-Proteen, 402(b)(1)—when shipped, the valuable constitu- ent, protein, had been in part omitted or abstracted from the article; 403(a)— the label statement "Protein* .648 gm. per Tablet * * * Anhydrous" was false and misleading as applied to a product containing less than the declared amount of protein; 403(a)—the label of the article contained false and mis- leading representations that the article was extraordinarily high in pure protein, that the article would act as a catalyst in the digestion of other proteins, that it contained proteins most like that of the human body, that most physical ailments were the result of a long-time protein deficiency, that the article was adequate and effective to provide health, energy, rich, red blood, healthy tissue, strength and muscles, and that it was adequate and effective to produce a strong athletic physique and to gain weight; and 403 (a) — the label of the article contained statements and designs which represented and suggested that the American diet had little complete protein, the label contained the statements "serves as a catalyst in the digestion of other pro- teins," "You need predigested, easily assimilated proteins," "Most physical ailments are the result of a long-time protein deficiency," and the label also contained pictures of an athlete and label statements which represented and suggested that the article would build strong muscles and an athletic physique, better bodies, healthy tissue, and rich, red blood, prevent scrawny necks and sunken, sagging, wrinkling faces, and that the article would supply unusual amounts of protein for strength, energy, and body weight for growing children, and for endurance, to overcome fatigue, and for superior health and long, happy life in older people, which statements and designs were false and mis- leading since they were contrary to fact and the article was not capable of fulfilling the promises of benefit made for it. Hi-Proteen, 403(a)—when shipped, the label of the article contained state- ments and designs which represented and suggested that the article was extraordinarily high in protein, was adequate and effective to produce health and unusual quantities of energy, was a restorative to overcome physical and mental fatigue, to live long, happily, and successfully, for relaxing and for sound, restful sleep, that the article was a nerve, muscle and tissue builder, and was a concentrate for providing endurance and the feeling of being re- freshed in mind and body, and the label contained pictures of athletes and label statements which represented and suggested that the article would build strong muscles and an athletic physique, which statements and designs were false and misleading since they were contrary to fact and the article was not capable of fulfilling the promises of benefit made for it; and 403(j)—the article purported to be and was represented as a food for special dietary uses by reason of its vitamin and mineral content and its use in the control of body weight, and its label failed to bear, as required by the regulations, a state- ment of the proportion of the minimum daily requirement for vitamin A, vitamiin Bi, vitamin Bs, vitamin C, vitamin D, and niacin or niacinamide, and the minerals calcium, phosphorus, iron and iodine, supplied by the article when consumed in a specified quantity during the period of one day, and a statement of the percent by weight of protein, fat, and available carbohydrates in the article. Hi-Proteen Reducing Aids, 403(a)—when shipped, the label of the article contained false and misleading representations that the article was extraordi- narily high in protein while low in calories, that it was a concentrated, com- plete, and well-balanced food, that the consumer could live healthfully on the article alone for a month, that the article was an appetite depressant, and that it was adequate and effective for reducing and weight control. Multi-Purpose Hi-Proteen, 403(a)—when shipped, the label of the article contained statements and designs which represented and suggested that the article was extraordinarily high in protein, was adequate and effective to pro- duce health and unusual quantities of energy, that the article acted as a cata- lyst in the utilization of incomplete proteins, that it contained proteins most like that of the human body, supplied babies and children with the material they need for energy and growth, was a well-balanced energy-producing and body-building food, that it would preserve one's youth and add happy, useful years to one's life, and the label contained pictures of athletes and label statements which represented and suggested that the article would build strong muscles and an athletic physique, which statements and designs were capable of f ulfillingthe promises of benefit made for it: and 403 (j) —the article purported to be and was represented as a food for special dietary use by reason of its vitamin and mineral content and its label failed to bear, as re- , quired by ,the regulations, a statement of the proportion of the mininiuni daily requirement for vitamin A, vitamin Bi, vitamin B?, yitajnin 0, vitamin I), and niacin or niacinamide, and the minerals calcium, phosphorus, iron and iodine supplied by the article when consumed in a specified quantity, during the period of one day. Gain Weight Hi-Proteen, 403(a)—when shipped, the label of the article contained statements which represented, and suggested that the article was adequate and effective as a nerve, muscle, and tissue builder, for strength, and to develop a strong physique of an athletic champion, that use of the article would result in gaining weight and rapid growth, that it was extraordi- narily high in protein, and. its label also contained the statements "Every drop of blood, the organs, glands and their products are made of protein," "A person of average size and activity should have 100 grams of protein daily to ;gain weight," "Hi-Proteen closely parallels human muscle in Amino acid composition," and "The usual diet is deficient in complete protein," which statements were false and misleading since they were contrary to fact and the article was not capable of fulfilling the promises of benefit made for it; and 403(j)—the article purported to be and was represented as a food for special dietary uses by reason of its vitamin and mineral content and its label failed to bear, as required by the regulations, a statement of the proportion of the minimum daily requirement for vitamin A, vitamin Bi, vitamin B2, vitamin C, vitamin D, and niacin or niacinamide, and the minerals calcium, phos- phorus, iron and iodine supplied by the article when consumed in a specified quantity during the period of one day. Hi-Proteen Cookies, 403(a)—when shipped, the label of the article contained statements and designs which represented and suggested that the article was extraordinarily high in protein while being low in calories, and that the American diet is low in protein, its label contained the statement "You can eat as many Hi-Proteen cookies as you wish * * * in low calory form," "The Food and Nutrition Board, of the National Research Council, states that 65 grams of protein should be the absolute minimum for people of average size and activity," and "With a Hi-Proteen milk drink, made as recommended, you will have approximately 30 grams of protein," and the label also contained a picture of an athlete and statements which represented and suggested that the article would build strong muscles and an athletic physique, rich blood, melt away fat deposits, normalize the body, and that the article was adequate and effective for reducing and for underweight conditions, which statements and designs were false and misleading since they were contrary to fact and the article was not capable of fulfilling the promises of benefit made for it; and 403(j)—the article purported to be and was represented as a food for special dietary uses by reason of its use in the control of body weight, and its label failed to bear, as required by the regulations, a statement of the percent by weight of fat and available carbohydrates in the article. DISPOSITION : On 12-27-60, the York Barbell Co., Inc., claimant, having con- sented, the eourt entered a decree of condemnation and destruction against the Super Hi-Proteen. As to the other articles involved and pursuant to claimant's motion, the court on 12-27-60, ordered that the case be removed for trial to the United States District Court for the District of New Jersey. Thereafter, it was learned that such other articles had been unintentionally in good faith, and accidentally sold or otherwise disposed of and their where- abouts were unknown. Accordingly an order was filed on 4-27-61, dismissing without prejudice the libel as to such other articles.