510. Misbranding: of Alimentone Powder and Alimentone Tablets. . U. S. v. 2 Tins
of Alimentone Powder and 11 Tins of Alimentone Tablets. . Default decree
of condemnation and destruction. (F. D. C. No. 8555. Sample Nos. 32625-E,
32626-E.)
th of these products were falsely represented to be effective in the treat-
ment of overweight and of certain diseases of the mucous membranes.
On January 6, 1941, the United States attorney for the District of Arizona
filed a libel against the above-named products at Tucson, Ariz., alleging that
they had been shipped by Thomas E. Collins Co., from San Francisco, Calif.,
on or about July 15, 1940; and charging that they were misbranded.
Analyses of samples of the articles showed that the Alimentone Powder con-
sisted essentially of a spray-dried product such a spray-dried skim milk,
embryonic tissues such as wheat germ, and dried green leafy and stemmy
material such as garden vegetables; and that the Alimentone Tablets consisted
essentially of embryonic tissues such as wheat germ and dried green leafy and
stemmy material such as garden vegetables.
The Alimentone Powder was alleged to be misbranded in that the statement
on the label, "If overweight, take between meals on an empty stomach," was
false and misleading since it was not a suitable, appropriate, or effective treat-
ment for overweight.
The Alimentone Tablets were alleged to be misbranded in that statements
on the label, "Take 5 tablets after each meal and 5 at bed time. If overweight,
take between meals on an empty stomach. In cases of asthma, start with 2
tablets after each meal for the first five days. Then take 3 tablets after meals
for the next five days. Then 4 tablets for the next five days. Then continue
with 5 tablets four times daily," were false and misleading since they did not
constitute an appropriate treatment for cases of overweight or asthma.
Both products were alleged to be misbranded in that statements in an
accompanying circular, entitled "Help Nature," which represented that they
constituted treatments for overweight; that they would give relief in colds,
catarrh, asthma, bronchitis, hay fever, mucous colitis, vaginal catarrh, ana
other catarrhal conditions; that they would be effective in maintaining the
normal flow of secretions from the mucous membranes and would continually
flush away any impurities which might lodge in cell tissues; that they would
supply those nutritional elements required by the body to actively maintain
its defensive reaction against impurities and bacteria in cell tissue; that they
would keep the membranes in a healthy condition; and would eliminate toxic
deposits from tissues in bronchial asthma, were false and misleading since
they would not be efficacious for such purposes.
On February 21, 1941, no-claimant having appeared, judgment of condemna-
tion was entered and the products were ordered destroyed.