1077. Misbranding: of wheat germ.    U.  S. v. Commander Larrabee Milling; Co.
(Minneapolis  Milling Co.).    Plea of guilty.    Fine, $100.     (F. D. C. No.
9677.    Sample No. 37818-F.)
On October 21, 1943, the United States attorney for the District of Minnesota
filed an information against the Commander Larrabee Milling Co., trading as the
Minneapolis Milling Co., Minneapolis, Minn., alleging shipment on or about Janu-
ary 21, 1943, from the State of Minnesota into the State of Illinois of a quantity
of wheat germ which was misbranded. The article was labeled in part: "P. W. G.
(Pure Wheat Germ)."
* See also Nos. 1051,1052,1055-1061,1068-1076.
**See also No. 1093.
The article was alleged to be misbranded because of false and misleading state-
ments in the labeling which represented and suggested that it would be an effec-
tive treatment for pellagra and beriberi; that it would be effective as a preventa-
tive of mental diseases; that it would be an effective treatment and preventative
of skin eruptions, brown scaly patches in localized areas, indigestion, and dis-
turbances of the nervous system; that it would prevent sterility and promote the
maturing-of the normal germ cell in the male and the natural placental function-
ing in the female; that it would promote health, vigor, strength, and energy, and
would benefit man, woman, or child who was Undernourished or who required a
general toning up; that it would improve the appetite, aid growth, and induce the
normal functioning of the nervous system and intestinal tract; and that it would
insure normal reproduction and lactation in mothers. The article would not be
effective for such purposes.
It was alleged to be misbranded further in that the statements in the labeling
which represented and suggested and created the impression that the disease
conditions and functional impairment for which the product was recommended as
stated above are usually the result of lack of vitamin Bi, riboflavin, and nicotinic
acid, and that the reader might reasonably expect correction and alleviation of
such conditions by the use of the article, were misleading since such conditions
are not usually the result of lack of the vitamins named, but usually result from
other causes, and the reader might not reasonably expect their correction and
alleviation since the article would not ordinarily be effective for such purposes.
? The article was also alleged to be misbranded under the provisions of the law
applicable to food, as reported in notices of judgment on food, No. 5784.
On October 21, 1943, a plea of guilty was entered to all charges and the court
imposed a fine of $100, which covered both counts of the information.