2762. Misbranding of Amends Solution, Primal Minerals, and Primal Vitamins.
U. S. v. Roy O. Wickham. Plea of nolo contendere. Sentence of 1 year's
imprisonment; sentence suspended and defendant placed on probation.
(F. D. C. No. 24229.   Sample Nos. 17288-H, 69860-H, 69861-H.)
INFORMATION FILED :   April 20, 1948, Northern District of Indiana, against Roy
O. Wickham, Mishawaka, Ind.
ALLEGED SHIPMENT : On or about June 15 and October 24, 1946, from the State
of Indiana into the State of Illinois.
PRODUCT: Analyses showed that the Amends Solution consisted essentially of
water and small amounts of potassium iodide, iodine, and organic material;
and that the Primal Minerals consisted essentially of white compressed tablets
containing calcium, phosphorus, iron, and iodine.
LABEL, IN PAST: "Amends Solution," "Primal Minerals * * * Tablets
* * * Ingredients: Dicalcium Phosphate, Iron and Ammonium Citrate,
Copper Peptonate, Manganese Hypophosphate, Potassium iodide, Zinc Citrate,
Magnesium Oxide, and Potassium Iodide," and "Primal Vitamins * * *
Capsules * * * Vitamins A, B, C, D, G, and Niacin Amide. Ingredients:
Fish Liver Oil, Irradiated Ergosterol, Thiamin Hydrochloride, Riboflavin,
Ascorbic Acid, and Niacin Amide."
NATURE OF CHARGE: Amends Solution. Misbranding, Section 502 (a), the
labeling, which included accompanying letters relating to the article, was
false and misleading. The labeling represented and suggested that the article
would be efficacious in the cure, mitigation, and treatment of arthritis and
rheumatism. The article would not be efficacious for such purposes. Further
misbranding, Section 502 (e) (2), the article was not designated solely by a
name recognized in an official compendium and was fabricated from two or
more ingredients, and its label bore no statement of the active ingredients of
the article.
Primal Minerals and Primal Vitamins. Misbranding, Section 502 (a), the
labeling, which included accompanying letters relating to the articles, was
false and misleading. The labeling represented and suggested that the articles
in combination with each other would be efficacious in the cure, mitigation, and
treatment of rheumatism and arthritis; that they would relieve pain and dis-
comfort ; and that they would be efficacious in restoring health, physical well-
being, and happiness. The articles in combination with each other would not
be efficacious for such purposes.
DISPOSITION : May 17, 1949. A plea of nolo contendere having been entered,
the court imposed a sentence of 1 year's imprisonment. The sentence was
suspended, and the defendant was placed on probation for 2^ years.