29298. Sea kelp powder and Kelp-Ettes.    (F.D.C. No. 46561.    S. No. 21-857 R.) 
QUANTITY:   70   100-lb. drums of sea kelp powder and 397   100-tablet btls. of
Kelp-Ettes, at Hobart, Ind., in possession of Nelson's Natural Foods.
SHIPPED :   The bulk sea kelp was shipped on 3-8-61, from San Pedro, Calif.
LABEL IN PART: (Btl.) "500 5 Grain Tablets * * * Nelson's Kelp-Ettes A 
Pure Sea Food Containing Safe Natural Iodine. Made from Pacific Coast 
Giant Brown Sea-Kelp (Macrocystis Pyrifera) * * * Packed and Distributed 
by: Nelson's Natural Foods."
ACCOMPANYING LABELING: Leaflet entitled "Have You Checked Your Eating 
Habits Lately?"; and mimeographed sheets entitled "Alcohol or Poor Diet," 
"Who Is More Important? A New Born Baby or You? Think It Over!," and 
"Do You Play the Game of Life to Win?"
sheets were used by the dealer in promoting the sales of the article. The 
Kelp-Ettes had been prepared and entableted by the dealer using a portion of 
the bulk powder.
LIBELED :    10-10-61, N. Dist. Ind.
CHARGE : 403(a)—while held for sale, the accompanying labeling of the article 
contained false and misleading representations that the article may be con- 
sumed with safety in any amount, that the article was of unusual benefit for 
special dietary supplementation as a source of minerals, vitamins and trace 
elements; and that the ordinary individual requires daily food supplemen- 
tation.
The libel alleged also that the article was misbranded under provisions of 
the law applicable to drugs as reported in notices of judgment on drugs and 
devices, No. 7404.
DISPOSITION: On 12-21-61, Carl A. Nelson, owner and operator of Nelson's 
Natural Foods, filed an answer consenting to a decree. On 1-24-62, a con- 
sent decree of condemnation was entered. On 2-7-62, the articles were 
released under a $500 bond to the claimant for the purpose of bringing the 
article into compliance with the law. On 9-20-62, a motion was filed to 
declare forfeiture of bond, which motion was based upon claimant's failure 
to keep the seized lot intact for examination and inspection, in that claimant 
made 3 shipments of sea kelp without notification to, or authorization from, 
a representative of the Department of Health, Education, and Welfare. 
On 10-25-62, the Government's motion was argued before the court and the 
court declared the bond forfeit. On 10-31-62, a decree of forfeiture was 
filed.