3383. Action to enjoin and restrain interstate shipment of Nutrilite Food Sup-
plement. U. S. v. Mytinger & Casselberry, Inc., Nutrilite Products, Inc.,
Lee S. Mytinger, William S. Casselberry, and Carl F. Rehnborg. Consent
decree granting injunction.    (Inj. No. 214.)
COMPLAINTS FILED: The original complaint was filed on September 22, 1949,
On October 23,1950, the following amended complaint was filed:
"The "United States of America, plaintiff herein, by and through Ernest A.
Tolin, United States Attorney for the Southern District of California, Central
Division, files this Amended Complaint for Injunction and respectfully repre-
sents unto the Honorable Court as follows:
"1. This proceeding is brought under section 302 (a) of the Federal Food,
Drug, and Cosmetic Act [21 U. S. C. 332 (a)], hereinafter referred to as
'the Act,' specifically investing the several United States District Courts with
jurisdiction to enjoin and restrain violations of section 301 of said Act [21
U. S. C. 331] as hereinafter more fully appears.
"2. The defendants, Nutrilite Products, Inc., a California corporation having
its principal place of business at Buena Park, California, and Carl F. Hehnborg,
an individual who resides at Buena Park, California, are the manufacturers
and packers of an article of drug designated by name as Nutrilite Food Supple-
ment. The defendants, Mytinger & Casselberry, Inc., a California corporation
having its principal place of business at Long Beach, California, and Lee
S. Mytinger and William S. Casselberry, individuals residing at Long Beach,
California, are the exclusive national distributors of the drug.
"3. 'Nutrilite Food Supplement' is prepared and distributed in three dosage
forms designated as 'Nutrilite Food Supplement XX,' 'Nutrilite Food Supple-
ment X,' and 'Nutrilite Food Supplement Junior.' Each is comprised of an
encapsulated multi-vitamin preparation with a base of an extract of alfalfa,
dried watercress, and dried parsley, combined in a package with multi-mineral
and vitamin tablets. Nutrilite XX and Nutrilite X differ in the package
content of vitamin capsules; Nutrilite XX contains 62 capsules, two per day
are recommended, and the price is $19.50 per package, whereas Nutrilite X
contains 31 capsules, one per day is recommended, and the cost is $12.00 per
package. Nutrilite Junior also contains 31 capsules, one per day is recom-
mended, the price is $7.50 per package, and it differs from Nutrilite X in that
the potency of Vitamins A, D, and Bi in each capsule is one-half that of each
capsule of Nutrilite X.
"4. The label of the drug 'Nutrilite Food Supplement XX' is, in part, as
follows:
[Front Panel]
The NTTTRLLITE BASE is a highly concentrated extract of specially grown alfalfa
and selected watercress and parsley, processed by methods known only to
NUTBHJTE chemists, and obtainable only in NTJTKELITE products.   To the base
are added crystalline vitamins and vitamin concentrates.
This package contains multiple vitamin capsules and mineral tablets.
Suggested Use: One capsule and three tablets twice daily.
Two capsules and six tablets supply the following amounts and proportions
of minmum daily adult requirements:
(x) Need in human  nutrition not established - (xx)   Requirement not
established.
The labels on Nutrilite X and Nutrilite Junior suggest one capsule and six
tablets daily, and the statements of amounts of vitamins and minerals supplied
correspond to that dosage. Recent shipments of Nutrilite XX bear labeling
which represents that it contains in addition to the ingredients listed above
5 micrograms of Vitamin Bu and 20 micrograms of Biotin in two capsules
(the recommended daily intake).
"5. The drug is not marketed through customary retail channels but is
sold by distributors who directly solicit consumers to obtain written contracts
(called programs) for delivery of one package of Nutrilite each month. These
distributors, who also are purchasers of Nutrilite, are sponsored by other dis-
tributors in the defendant Mytinger & Casselberry, Inc. organization who are
called 'potentate,' 'high potentate,' or 'exalted potentate' according to the
volume of sales produced by his sponsored group.
"6. The distributors in the past have used and at the present time use
numerous items of written, printed and graphic matter supplied by the de-
fendants Mytinger & Casselberry, Inc., and Lee S. Mytinger and William S.
Casselberry in their distributional scheme.
"7. One item of such written, printed and graphic matter is a booklet en-
titled 'How to Get Well and Stay Well.' Distributors use and have used this
booklet upon their initial approach to prospective consumers. The booklet,
which discusses the relationship between vitamins, nutrition and disease,
is left with the prospective purchaser for perusal at his leisure and is picked
up by the distributor at the time he undertakes to complete the sale. The
booklet has been through at least four revisions, each precipitated by gov-
ernmental action, but the defendant Mytinger and Casselberry, Inc., has con-
tended each time that the earlier booklet made no false or misleading claims
for Nutrilite Food Supplement.
"8. The edition of 'How to Get Well and Stay Well' in use until May 1948
represented without qualification that Nutrilite is an effective therapeutic
agent in 'almost every case' and is a cure of 'common ailments,' among which
the following were specifically listed: low blood pressure, ulcers, mental de-
pression, pyorrhea, muscular twitching, worry over small things, tonsilitis, hay
fever, sensitiveness to noise, easily tired, gas in stomach, faulty vision, head-
ache, constipation, boils, lack of ambition, nervousness, nosebleed, insomnia,
(sleeplessness), allergies, asthma, restlessness, bad skin color, biliousness,
migraine, high blood pressure, sinus trouble, lack of concentration, dental
caries, irregular heartbeat, flabby tissues, hysterical tendency, eczema, over-
weight, faulty memory, colitis, craving for sour foods, arthritis (rheumatism),
neuralgia, deafness, subject to colds. At another point the booklet implied
that 'cancer, diabetes, heart trouble, high blood pressure, constipation, tubercu-
losis, arthritis, neuritis' and numerous other diseases would respond to
Nutrilite treatment. This booklet also contained testimonial letters by means
of which the drug Nutrilite was represented as an effective treatment for
many diseases. Said representations were false and misleading in that Nutrilite
is not effective in the treatment and cure of such conditions and diseases.
"9. After the firm had been given an opportunity to show cause why a
contemplated criminal proceeding should not be instituted against it, it under-
took a revision of the booklet. Acting upon the advice of an attorney that
they should eliminate the names of all diseases and use instead descriptions
of symptoms manifested by persons who had sought relief through Nutrilite,
the defendant Mytinger & Casselberry, Inc., devised a 58-page edition of 'How
to Get Well and Stay Well.' The principal effects of revision were the elimina-
tion of specific disease names, but this edition included a number of case
histories explaining to the prospective purchaser how other persons had ob-
tained relief and freedom from such ailments and symptoms of disease as:
low vitality, over-fatigue, insomnia, poor appetite, gastro-intestinal distress,
recurrent vague aches and pains, weak eyes, defective teeth, nervousness, heart
disease, stomach pains, disease conditions requiring surgery, feeble-mindedness,
diabetes, hemorrhage connected with the menopause, indigestion, sneezing,
weeping, anemia, leukemia, sinus trouble, constipation, tuberculosis, headache,
dizziness, vomiting, and all deficiency diseases.
"In order to convey to the public the false and misleading impression that
Nutrilite Food Supplement will cure every ailment and disease afflicting man-
kind, and yet avoid mentioning any specific disease names, the defendants
Mytinger & Casselberry, and Lee S. Mytinger and William S. Casselberry,
with this revision, inaugurated a subterfuge which they call a 'new language.'
In the 'new language' every ailment or illness is referred to as a state of
'non-health.' This unhappy state is claimed to be a result of body chemical
imbalance. When the body is in 'chemical balance,' it is said to be free
from all illness and in a state of health. The use of Nutrilite Food Supple-
ment is claimed to bring the body into chemical balance, and thus to bring
about the condition of health. The 'new language' insists that Nutrilite will
cure nothing-the patient merely gets 'well through the use of Nutrilite.'
"Examples of this, found in the 58-page booklet, follow:
Page 30 - Your body is a chemical machine, and always the chemical balance
must be maintained. When your body gets out of chemical balance, you are
ill. When you get into chemical balance and stay there, you are well.
Page 40 - Remember that NUTRILITE never cures anything. NUTRILITE
provides the body with needed nutrilites and other vital micro-food factors.
The body takes these and rebuilds. In the process of rebuilding, the inner
cause of the deficiency ailment disappears, and consequently the symptoms
cease to bother. Then the person is well, and he got well through the use of
NUTRILITE, but nothing was cured.
"The 'Sales Manual,' authored and distributed by defendants Mytinger & Cas-
selberry, instructs their salesmen in the use of the 'new language,' in passages
such as the following:
Pages 30, 30 - You should capitalize on this new approach and lean over
backwards to keep away from the medical procedure. Stay in this newer field,
which is the adjustment, through the use of a food supplement, of chemical
imbalance resulting from vitamin-mineral deficiency.
Pages 30, 31 - WE NUTBIUTE DISTRIBUTORS NEED TO THINK ONLY IN TERMS
OF HEALTH AND NOT-HEALTH, and we should FORGET ALT, ABOUT PARTICULAR AIL-
MENTS, AND THETB MEDICAL NAMES. FOB THE COMMON CONCEPTION OF SPECIFIC
AILMENTS WITH MEDICAL NAMES, WE MUST SUBSTITUTE IDEAS OF FULL NUTRITION,
CHEMICAL BALANCE AND HEALTH.
"When the 58-page edition of the booklet became involved in litigation arising
under the Federal Food, Drug, and Comestic Act, the defendants Mytinger &
Casselberry, Inc., and Lee S. Mytinger and William S. Casselberry, made fur-
ther revisions by eliminating the case histories and by substituting new pages,
the final result of which was a 42-page edition of the booklet.
"10. The 42-page edition of 'How to Get Well and Stay Well,' when read as
a whole, as well as through specific claims, conveys to the reader the false and
misleading impression that:
(a)?Almost everyone in the United States is either ill or about to become
ill;
(b)?Almost every common illness including those most responsible for
premature death is due to vitamin deficiencies;
(c)?The average American diet is deficient in certain vital food factors,
including both known and unknown vitamins and minerals which are
called 'nutrilites' by all chemists;
(d)?These dietary deficiencies are attributable to depleted soil, processing
practices and storage methods which make it impossible to obtain in the
diet the food factors that are essential to health;
(e)?That the common illnesses may be prevented and cured through put-
ting these food factors into the body to bring it into chemical balance;
(f)?Illness is merely the result of chemical imbalance, and health is the
result of chemical balance; and
(g)?Chemical balance and thus getting well and staying well may be
achieved through the use of Nutrilite which contains not only the known
vitamins and minerals but also, because of its secret and concentrate
base, the unknown vitamins and minerals.
"11. Some typical statements, used to develop these impressions in the 42-
page edition of the booklet 'How to Get WeU and Stay Well' as as follows:
Foreword: What we have tried to do in this book is show the average Ameri-
can, ill with the usual American deficiency ailments in the customary chronic
manner, what may be the cause of his illness, and how he should proceed to
get well and stay well.
Page 6   -   Your study of yourself, the members of your family, your rela-
tives and friends has shown you that almost everyone is more or less ill.
Page 10   -   ... The result is that almost all members of our families have
bodies which are malnourished, and show evidences of the malnutrition which
causes most of our common deficiency ailments.
So the purpose of this book-and the objective of the person who lent you this
book-is to bring you to the point where you will recognize the fact clearly
that your illness and the illness of your family is, in almost every case, the re-
sult of a failure to supply your body and the bodies of the members of your
family with the vital food factors.
Page 11 - And remember your reward-a good chance for the relief of
deficiency ailments if you have any (and most of our current and common ail-
ments result from deficiencies) and their prevention if you are now lucky
enough to be free from them.
Page 22 - Now, be sure to remember this: the American diet is deficient
in nutrilites, the protective food factors. Why is this true? Why are we
sick and ailing in this land of plenty? Why don't we get all the vitamins and
minerals need
Page 23 - English Academy of Medicine, LANCET, states: "99? of common
. illnesses are due to or are superimposed on vitamin deficiencies."
. Page 28 - The flat wheel you develop as a result of diet deficiencies may
show itself as one of the common or not so common deficiency ? diseases,
including those most responsible for death in our 40's and 50's, whereas we
should live in good health and vigor, and with full possession of our faculties,
to the age of 90 or 100.
. . . Most of the ills and diseases of human beings are unnecessary-they
are the result of chemical starvation of our bodies for substances vitally neces-
sary to life.
Page 33 - According to a recent study made by a large and well-known
eastern college, only one in a thousand is not suffering from deficiency-from
malnutrition. This means that no one can safely say: "I am perfectly
healthy and my body is sound and well nourished."
Think of our population, and think of all the common ailments. Pick up any
newspaper and you read of prominent citizens dying in early middle age of
the various diseases that claim the liyes of so many. Think of the people you
know who are ill right now, and suffering, without relief.
This would certainly make it look as though each of us might have a body
containing many imitation bricks, so that we look reasonably well, we can get
around and do some work, but either we are now experiencing some deficiency
disease, or we are ready to come down with one.
Page 40 - The sufferer with dietary deficiencies and deficiency ailments
has the problem of getting into his body all the basic food factors which either
were never in his food to start with or which have been partially removed
in some way. If you are such a sufferer, how can these basic food factors be
added to your food? We believe that NUTRHJTE Food Supplement is at least
one answer.
The man, woman or child who is reasonably well, and who wishes to stay that
way and if possible improve, has also the problem of keeping his body sup-
plied with all the vital food factors. If you are in this group you too have
a problem, in this civilized age of devitalized and imitation food. And here
again, you can turn to-NUTEILITE Food Supplement.
"12. Notwithstanding the effort by defendants Mytinger & Casselberry, Inc.,
Lee S. Mytinger and William S. Casselberry to avoid mention of diseases by
name, the 42-page edition of 'How to Get Well and Stay Well' refers to
" a
number of specific diseases, symptoms and conditions for which the product
Nutrilite Food Supplement is offered as a preventive, treatment and cure:
Page 1 - Weak and lacking in energy; trouble digesting food; stomach
pains; decaying teeth; trouble with heart and other important organs; aches,
pains and discomfort in various parts of the body;
Page 2   -   Difficulty seeing, hearing;
Page 3 - Partial inability to move the various parts of the body, (stroke
or paralysis) ; partial breakdown of the thought processes (confused think-
ing) ; difficulty seeing, hearing, or failure of other sense organs; extreme
personality changes; any illness, breakdown or invalidism; any weakness or
incapacitated body racked with aches and pains:
Pages 5, 6   -   Tuberculosis; spinal curvature;
Page 30   -   Allergies;
Page 35   -   Old age;
Page 38   -   Psychological disturbances.
In addition the booklet, at page 3, represents and suggests that Nutrilite
Food Supplement will nourish and rebuild the brain, the heart and the glands.
These statements, claims, and representations are false and misleading.
"13. In addition to the statements referred to in paragraphs 11 and 12,
there are many instances in the booklet in which defendants Mytinger &
Casselberry, Inc., and Lee S. Mytinger and William S. Casselberry, have
attempted to fortify certain false claims by use of 'facts' which are inac-
curately presented and from which the defendants draw false and misleading
conclusions. First, on pages 3 and 4 there is a fragmentary and incomplete
quotation from a New York Times article for June 29, 1945, which indicates
a rather high rejection rate for women applying for the W. A. C. The booklet
'How to Get Well and Stay Well' attributes these rejections to vitamin and
mineral deficiencies, despite the fact that the complete New York Times
article lists the specific causes of such rejection, and vitamin and mineral
deficiencies are not included. Second, on page 4 there appears a statement
that a survey by a large eastern college showed that only 2 out of 2,5J1
persons studied in Pennsylvania were receiving the vitamins, minerals and
proteins they needed. The official report of that survey does not support
this claim. Third, on page 6 appears the statement that 32? of draftees in
World War II were rejected and that 52?? had some disability. These
statements are presented in a context to force the reader to conclude that
these rejections and disabilities were the result of vitamin and mineral de-
ficiencies. Official selective service statistics show that vitamin and mineral
deficiencies accounted for a negligible percentage of such rejection.
"Fourth, on pages 7, 8, and 9 false statements are made that Carl Rehnborg,
the discoverer of Nutrilite, 'majored in biochemistry in an eastern university';
that he 'specialized in the chemistry of foods'; that he took part in 'early vita-
min research experiments'; and that he 'returned to the United States in
1927' and 'began a six-year period of intensive study and experimentation.'
"14. Though the defendants, Mytinger & Casselberry, Inc., and Lee S.
Mytinger and William S. Casselberry assert that the interstate distribution
of the booklet 'How to Get Well and Stay Well' has been discontinued, the
booklet remains in the hands of distributors who use it in their sales presenta-
tion. Even this alleged discontinuance of interstate distribution was made
with the assertion that use of the booklet did not violate the Federal Foqd,
rypTi or  Q Ti r\ Oosm ^t*J.c A_c
"15. In addition to the booklet 'How to Get Well and Stay Well,' the defend-
ants Mytinger & Casselberry, Inc., and Lee S. Mytinger and William S. Cassel-
955619-51?3
berry, have distributed and now distribute and have caused to be distributed
to the sales force of Mytinger & Casselberry, Inc., certain other written,
printed, and graphic matter consisting of a booklet entitled 'Sales Manual-
Nutrilite Food Supplement,' a book entitled 'The National Malnutrition' by
D? T. Quigley, a book entitled 'Man Alive, You're Half Dead!' by Daniel C.
Munro (New York, 1950), weekly issues of a sales publication entitled 'Nutri-
lite News,' and various reprints from popular publications including but not
limited to the following:
'Modern Miracle Men' by Rex Beach, S. Doc. No. 264, 74th Cong., 2d sess.
(1941).
'We Feed our Hogs Better than our Children' by Fred Bailey, American
Magazine (October 1947).
'Nutrition and Pregnancy' by Bruce Bliven, reprinted from Ladies' Home
Journal (November 1947).
'The Miracle of Dr. Spies' by Dickson Hartwell, reprinted from Colliers
(January 31, 1948).
'Vitamins are not Drugs!' by Dr. Simon Bensen, reprinted from The
Apothecary (June 1946), by Lee Foundation for Nutritional Research.
'The Latest on Vitamin Pills' by Clarence Woodbury, Woman's Home
Companion (January 1949).
'What Makes You Healthy?' by Winifred Raushenbush, Ladies' Home
Journal (March 1949).
'Bangs Disease and Undulant Fever are Due to Nutritional Deficiencies'
by J. F. Wischhusen, American Feed and Oram Dealer, Minneapolis,
Minnesota (July 1948).
' 'A Practical Way to Avoid Malnutrition' by Royal S. Lee, Lecture Delivered
at American Academy of Applied Nutrition reprinted by Lee Foundation
for Nutritional Research (April 17, 1948).
'Are We Starving to Death' by Neil M. Clark, reprinted from Saturday
Evening Post (1945).
'Soil, A Foundation of Health' by Arnold P. Yerkes, International Har-
vester Co. (Chicago, 1946).
'Cancer, a Nutritional Deficiency'  by J.  R. Davidson, reprinted from
Question Mark (February 1943).
'Uncle Sam Against Cancer.'
- for  Heart Disease:    Vitamin E'  by  J.  D.  Ratcliff, reprinted from
Coronet (October 1948).
'How to Get Well and Stay Well' reprinted from General Church Edition.
'Health is on the Downgrade' by Henry Trautman, M. D. reprinted from
Life Today (December 1949).
' "Food" for Thought' by Rev. Henry Retzek, reprinted from Priest Mag-
azine (December 1945).
'The Prevention of Recurrence in Peptic Ulcer' by D. T. Quigley, Lee
Foundation for Nutritional Research.
'The Need for Vitamins' by L. Stambovsky, Lee Foundation for Nutritional
Research.
'Talking about Food' by George Tyner, reprinted from Journal of the
American Academy of Applied Nutrition (Autumn, 1947).
'You Can't Build a Live Body with Dead Food.'
'Why Should You Use Nutrilite?'
'Living Should be Fun' by Carlton Fredericks.    (Institute of Nutrition
Research, Inc.)
The said defendants also supply the sales force with a number of motion-
pictures, including but not limited to the following:
American Living with Nutrilite
On the Other Side of the Fence
Hidden Hunger
Strange Hunger
Hunger Signs
and with recorded 'sales presentations.'
"16. The said written, printed and graphic matter is used in the defendants'
scheme of marketing said articles of drugs for the purposes of educating the
distributors (who also are users of the article of drug) as to the conditions   (
for which 'Nutrilite Food Supplement' is claimed to be useful and for the      ^
purpose of supplying these distributors with information and material that
they may employ in educating the prospective customers as to their probable
need for 'Nutrilite Food Supplement.' The 'Sales Manual' directs that
salesmen read and study the material referred to in paragraph 15 in order
to learn about vitamins and minerals and the benefits that vitamins and min-
erals generally, and 'Nutrilite Food Supplement' specifically, will accomplish.
The distributors are instructed to quote from 'The National Malnutrition' by
D. T. Quigley to bring the prospective customer to the realization that he is
malnourished and that his ailments, whatever they may be, are due to mal-
nutrition which 'Nutrilite Food Supplement' will correct. The news letter
'Nutrilite News' suggests that the book 'Man Alive, You're Half Dead!'
by Daniel 0. Munro and the various reprints and motion pictures referred to
in paragraph 15 be obtained through Mytinger & Casselberry, Inc., at reduced
rates and placed in the hands of, or shown to, prospective purchasers of
'Nutrilite Food Supplement' and that the statements in such written, printed,
and graphic matter be used as 'ammunition' in sales presentations, all for
the purpose of inducing sales of 'Nutrilite Food Supplement.'
"The films referred to in paragraph 15, when taken as a whole, emphasize
the impoverishment of soil and its effect on the nutritive content of plants,
and this is claimed to result in improper diets in humans leading to illnesses
and malformations. 'American Living with Nutrilite' portrays Nutrilite Food
Supplement as the best solution to the problem of widespread malnutrition
which is graphically presented in the other films. Typically, the distributor
calls on the potential customer and makes a sales presentation in which 'Nutri-
lite Food Supplement' is offered as an effective agent for the prevention and
cure of 'ill-health' or 'chemical imbalance.' This presentation is docu-
mented by quotations from the written, printed, and graphic matter specified
above. The distributor is encouraged to, and does, make use of testimonials,
obtained locally. He relates to the prospective customer the details of miracu-
lous improvements' in the health of persons living in the community that are
claimed to have resulted from 'Nutrilite Food Supplement.' This presenta-
tion includes representations that 'Nutrilite Food Supplement' has been ef-
fective in the treatment of cancer, heart disease, ulcers, arthritis, tuberculosis,
spastic colitis, Parkinson's disease-to name only a few. The distributor
points to passages in the written, printed, and graphic matter to show that
almost every disease and ailment known to mankind is due to a deficiency of
vitamins and minerals and that vitamins and minerals will be an adequate
treatment, preventive and cure of such diseases and ailments.
"17. In the setting in which they are used, the books 'The National Mal-
nutrition' by D. T. Quigley and 'Man Alive, You're Half Dead' by Daniel
C. Munro represent and suggest that all of the symptoms, conditions and
diseases which beset the human body result from dietary deficiencies and that,
excepting accidental injuries, all such symptoms, conditions and diseases can
be prevented and adequately treated by the use of 'Nutrilite Food Supple-
ment,' which said representations and suggestions are false and misleading.
"18. Typical of these false and misleading representations are:
'The National Malnutrition' by D. T. Quigley (Lee Foundation for Nutritional
Research)-
Page 1   -   In the life of the ordinary person, the most common disease-pro-
ducing factors are from food deficiencies.
Page 3 - Coincident with the introduction of these foods [marmalade and
other sweets, candies, cookies, and products made with white flour and sugar],
the school children [of the Outer Hebrides] showed a large incidence of tooth
decay, adenoids, diseased tonsils, arthritis, tuberculosis, and other diseases
that go with deficiency diets. The people in the back part of the Island of
Lewis and the people of the other islands who were not exposed to the diets
of the more highly civilized English and Scotch suffered no deficiency disease.
They continued to live to be near one hundred years of age without tubercu-
losis, arthritis, heart disease, diseases of digestion, or tooth decay.
Page 7 - We have been afflicted by mass diseases for so many decades that
the average layman and the average doctor, and quite obviously the average
dentist, does not know what is normal.
Page 12   -   No one vitamin prevents old age.
Page 13   -   Only by a judicious combination of all vitamins, combined with
sufficient minerals, do we have the answer to the problem of old age.
Page 30 - The small child on a deficient diet becomes afflicted with chronic
tonsili
tis. The school child may develop tuberculosis. The youth is pimply
and anemic. All have bad teeth. Many have permanently crippled hearts due
to rheumatic infections. Seventy percent have rickets. A large proportion
have digestive diseases and constipation. All these handicaps are the results
of errors in diet.
Page 36 - Clinical tests on the nutrition of persons suffering neuroses,
irritability and other forms of nerve and mental disease show that a great
number of them may be improved by taking nicotinic acid, which is considered
the specific treatment for pellagra. This indicates that many cases of insanity
are on a deficiency basis, and that the persons who are insane from pellagra
are not the only group suffering insanity because of inadequate diet.
Page 41 - Perhaps the most common infections are those connected with
the upper respiratory tract-the diseases ordinarily known as colds, grippe,
flu, and pneumonia. These diseases are largely diseases of the human animal,
and undoubtedly affect humans because of the difference between human*and
animal diets.
Page 43 - The chronic gastritis and hyperacidity and stomach and duodenal
ulcers are deficiency diseases the same as scurvy, beriberi, and rickets, and
may be cured just as certainly and just as permanently by diet and proper
mineral and vitamin intake.
Page 46 - Arthritis is undoubtedly due to infection built up on a deficiency
basis, and may or may not have some connection with virus diseases . . .
Disease of the brain is well known to result from food deficiencies as in the
case of the insanity accompanying pellagra. The insanities following attacks
of flu, and the insanities which have been known to be cured after the removal
of abscessed teeth are low grade brain infections which have been made
possible by nutritional deficiency.
Page 49 - The evil effects of vitamin and mineral deficiencies here depicted,
involving as they do diseases of the digestive organs, lung, heart, brain, and
blood vessels, present a truly depressing picture.
Page 54 - A study of the requirements for normal nutrition and a study
as to how well the average dietary meets these requirements leads to the
conclusion that the average diet of the average civilized person of the present
time is a deficient diet.
Page 55 - The largest diseased group in school children in the grade schools
is that group which have severe colds, rheumatic fever, and rheumatic heart
disease. In the high school group, the greatest disease producer is tubercu-
losis. The heart disease victim is the victim of some chronic focal infection.
The victim of tuberculosis is also a victim of lowered resistance against disease,
due to dietary deficiency. The problem of these diseased children is simply a
problem of right and proper diet.
Page 67 - On the clinical side, many internists and some surgeons have
come to consider vitamin 0 as a cure for stomach ulcers. Here they are
recognizing a truth, but only a part of the whole truth-lack of vitamin G is
undoubtedly one of the predominant causes of stomach ulcer (and stomach
cancer). A complete treatment would mean a treatment with all other vita-
mins and minerals lacking in the individual's diet, as well as with Vitamin O.
Page 76 - The change that might be brought about by the adoption of scien-
tific diet would be a very spectacular and decided change. Somewhere' from
70 to 80 per cent of the disease that now afflicts the human animal would be
eliminated. The average age of the average human being could be extended
from somewhere around sixty to well  over one hundred years.
Page 82 - Stomach or duodinal [sic] ulcer is as surely a dietary deficiency
disease as is scurvy or pellagra.
Page 86 - That the doctors suffer equally with the lay public in deficiency
diseases is quite evident. Mortality records show that doctors die from heart
and blood vessel diseases in as great numbers as does the general population.
The average doctor has as much pyorrhea and tooth decay as the average
layman. The average doctor is as often crippled by neuritis and arthritis
and has as much appendicitis, gall bladder disease, stomach ulcer and cancer
as the layman. The need for educating doctors is very great. The reception
of new ideas such as these is slow in the medical profession.
Page 96 - The great mass of people suffering from digestive disorders, heart
symptoms, rheumatic pains and aches, and fatigue will notice improved health
conditions very soon after the beginning of such a regime.
Pages 100, 101 - Then ct)mes the school period with its sinus disease, chil-
dren's febrile diseases and tonsilitis. The major part of the school child's
diet is composed of refined carbohydrates, sugar and white flour. Remove
them from the diet, and the incidence of sinus disease and tonsilitis will
decrease to the vanishing point. Putrid tonsils and rotten teeth are logically
removed. The cause is left. The result is a child who will grow to adult-
hood accumulating the usual mass of such diseases as Tuberculosis, Rheu-
matic Fever, Peptic ulcers, Heart diseases, susceptibility to every infection
that comes along, fatigability-ALL CONDITIONS WHICH WOULD BE NON-EXISTENT
IF THE DIET WEBB COKBECT.
There are a number of mental and nervous diseases which can be treated
successfully by adequate attention to nutrition. Even the treatment of ve-
nereal disease can be improved and painful conditions like arthritis and
neuritis are more successfully treated if nutrition is made a first consideration.
'Man Alive, You're Half Dead!' by Daniel C. Munro (New York, 1950) -
Page 4 - The research of selfless scientists, who have devoted their lives
to the banishment of disease, has demonstrated that much of this ill-being
is due to wrong eating;   .   .   .   .
Page 14 - Directly and definitely, according to modern scientific findings,
vitamin and mineral deficiencies have a specific bearing upon these great
afflictions that beset mankind:
The common cold, pneumonia and other respiratory diseases; ulcers of the
stomach, the duodenum and the intestine; heart trouble and hardening of
the arteries; headaches; goitre; colitis (the general term for inflammation
of the colon); deafness and the degenerative diseases of middle age; prostatic
disturbances in men; uterine disturbances in women, and many others.
Page 17 - Every reader of this book can doubtless name many friends and
acquaintances who have died of thrombosis, angina, cerebral hemorrhage
(stroke), and kindred diseases-most of them the dreadful results of starva-
tion-not a lack of food in quantity, but starvation of some essential food
element
Page 25 - Appendicitis, on final analysis, is a deficiency disease, infection
appearing only after deficiencies in the diet have caused degeneration.
and other minor ailments, the information contained in the pages which
follow may point the way to the banishment of all these ills.
If you wish to forestall those chronic diseases which, make old age unhappy,
often prematurely, and wish to live so that your fifties and sixties will be
your age of major opportunities in business and social activities, you will
find in these pages information of the utmost importance.
Page 40 - The idea of taking tablets or capsules to supplement your diet
may seem strange to you who are in apparent good health. Actually it is
the soundest kind of health insurance. If you really are not deficient in
food fatcors, (but I believe all adults are deficient) such procedure will do
you no harm whatever.
Page 42 - There is a definite correlation between a moderate diet (which
however must contain all the necessary food factors) and longevity.
Page 85   -   Gall bladder disease, ulcers of the stomach and intestine, pyelitis,
colitis or degenerative disease of the heart and blood vessels, all are, in the
primary stage, deficiency diseases.   The best protection against such diseases
is obtained by adequate intake of all the nutritional factors which produce
perfect balance and metabolism.
Page 86   -   There is a group of diseases striking with deadly effect among
middle-aged and older people where the deficiency of Vitamin A plays an
important part.
One of them is the heart disease, coronary thrombosis, in which a thrombus or
clot forms in the coronary artery, one of the arteries that supply the heart
muscles with nutrition in the form of blood.
I have no doubt that one reason for our being an eyeglass wearing nation is
a deficiency of Vitamin A.
Pages 100, 101   -   I am convinced that many of our mental diseases are
deficiency diseases.
Let me here call attention to the similarity in the pathology (tissue degenera-
tion) of three distinct disease entities.
Spastic colitis.
Angina Pectoris.
Migraine headache.
In spastic colitis there is a spastic contraction of a tube of involuntary muscle-
the colon.
In angina pectoris there is a spastic contraction of a tube of involuntary
muscle-the coronary artery, supplying blood to the heart muscle itself.
In migraine headache there is a spastic contraction of a tube of involuntary
muscle-an artery wall in the brain.
In these three cases the essence of the pathology is the same-a disturbance
of the nerve muscle relationship. These are typical cases of deficiency of
Vitamin B Complex. Angina pectoris is much more serious than the other
two because it affects a vital part, the heart.
. . . The Vitamin B Complex deficiency is even more important in pro-
ducing heart degenerative disease .... I believe that this is the under-
lying story of the sudden deaths in middle life of so many of our prominent
business men!
Nicotinic acid, one of the chemically isolated fractions of Vitamin B, has
given wonderful results, in recent studies, in curing psychosis and mental
disease.    Still another study has shown that in some early cases of deafness,
due to degeneration of the auditory nerve, nicotinic acid has restored the
function of hearing.
Page 110   -   One great secret of body chemistry is vitamin cooperation and
"balance."   When the dietary intake is in perfect balance, with an adequate
supply of all essentials, then good body metabolism occurs and we maintain
full health.
Page 119   -   I believe that the deficiency of Vitamin C is the most common
cause of coronary thrombosis.
Page 126   -   Clinicians in hospital practice have used Vitamin E with good
results in cases of habitual abortion and threatened abortion.
In women, single massive doses of Vitamin E abolished the symptoms of
uterine tenderness, cramps, hemorrhages and sacral backache and averted
the impending toxaemia and interruption of pregnancy in some cases.   In the
human male, Vitamin E has been used successfully in a case of undescended
testicle, in a case of impotence and gross atrophy of the testicles, and in a
case for the production of normal spermatozoa.
Page 128   -   And mineral deficiencies are deplorably common in the typical
American diet, mineral deficiencies and the ills they bring are deplorably
prevalent in American bodies.
Page 132   -   It is the combination of vitamin-and-calcium deficiency that
causes most of the world's low resistance to colds, susceptibility to dental
caries, endocrine imbalance, and so on.
"The reprints and films referred to in paragraph 15, when taken as a group,
expound the same false and misleading theme as does the booklet 'How to
Get Well and Stay Well,' namely, that everyone suffers from dietary defi-
ciencies due to (1) the influence of our devitalized and demineralized soil
on the nutritive value of food, (2) food processing, (3) storage and transit
delays, and (4) improper preparation and cooking. The said reprints, as does
'How to Get Well and Stay Well,' also emphasize the conclusion which is
stated directly and succinctly on page 7 of the reprint 'Soil-A Foundation
of Health' by Arnold P. Terkes, (International Harvester Co.) Chicago, 1946:
The fact is there is only one major disease, and that is malnutrition. All
ailments and afflictions to which we may become heir are directly traceable to
this major disease.
In addition to general statements of this character, the reprints specifically
name certain 'ailments and afflictions' which are claimed to be the result
of vitamin and mineral deficiencies.   These are:
Cancer, heart disease, tuberculosis, mental disease, arthritis, rheumatism,
influenza, osteomyelitis, paralysis, meningitis, pneumonia, myopia, hyper-
opia, nephritis, thyroid disease, abortion, gingivitis, hepatitis, orchitis,
oophoritis, cystitis, diabetes, gastric ulcers, allergies, diarrhea,
in addition, dietary deficiencies in children are claimed to cause lowered
resistance to:
Measles, scarlet fever, bronchopneumonia, middle ear disease, rheumatism,
rheumatic disease, heart disease
and an increased tendency to:
Nasal catarrh, septic tonsils, adenoids, inflammed eyes, defective vision,
nervous instability and cardiovascular derangements.
"When the said reprints are used by distributors in the manner specified
above, 'Nutrilite Food Supplement' is falsely and misleadingly. represented
and suggested as an effective treatment and cure and preventive for the
conditions and diseases enumerated above. In addition, the weekly newsletter,
'Nutrilite News,' includes brief summaries of written articles describing
the beneficial effects of vitamins and minerals. The information contained
in these newsletters is used by distributors in the sale of the product to convey
the false and misleading impression that all illnesses are due to vitamin and
mineral deficiencies and that 'Nutrilite Food  Supplement' is  an adequate   '
treatment, preventive, and cure for such illnesses.
"19. Prior to 1945, the product 'Nutrilite Food Supplement' had little or
no interstate market. In 1945 the defendants, Mytinger and Casselberry;
Inc., and Lee S. Mytinger and William S. Casselberry, were given the exclusive
right to promote and distribute this product. At that time a variation of the
present labeling was introduced and the defendants' interstate business has
steadily increased. At this time defendants have agents and distributors
in almost every state of the union and profess to gross $500,000 per month
from the sale of 'Nutrilite.'
"20. The defendants have had sufficient warnings to put them on notice
that the labeling of their product Nutrilite Food Supplement is violative of
the Federal Food, Drug, and Cosmetic Act. On June 18, 1947, pursuant to
Section 305 of the Act [21 U. S. C. 335], a Notice of Hearing was sent to
Mytinger and Casselberry, then a partnership, informing them that the booklet
'How to Get Well and Stay Well' and other labeling matter was false and
misleading. In response to this notice there apeared, on July 15, 1947, at the
office of the Los Angeles District of the United States Food and Drug Ad-
ministration, Lee S. Mytinger, William S. Casselberry and Lee J. Myers, at-
torney, representing Mytinger and Casselberry. There also appeared at this
hearing, Carl F. Rehnborg and Lester L. Lev, representing Nutrilite Products
Co. At this hearing, Mr. Myers, attorney for Mytinger and Casselberry, stated
that he personally would revise all the labeling to bring it into compliance with
the Act. Inconsequential changes in the labeling were made at this time.
On September 16, 1947, a Notice of" Hearing was sent to Lee S. Mytinger, Wil-
liam S. Casselberry, and Carl F. Rehnborg, as individuals, and to Nutrilite
Products Company. Written responses were received and Mr. Myers informed
the Food and Drug Administration that the booklet, 'How to Get Well and Stay
Well' had been entirely revised to comply with the Act. Printers proofs of
the products' labels were submitted for approval but no proofs of the allegedly
revised booklet or other .labeling were received. The booklet as it finally
appeared contained some changes in wording but as a whole it was still false
and misleading. On September 20, 1948, a Grand Jury sitting in the juris-
diction of the United States District Court for the Southern District of Cali-
fornia, Central Division, returned a true bill indicting Mytinger and Cassel-
berry, a partnership, and Lee S. Mytinger, William S. Casselberry and Carl
F. Rehnborg, as individuals, for violations of the Federal Food, Drug, and
Cosmetic Act. This case is still pending. [This action was dismissed following
the entry of the consent decree in this proceeding.] Because of its seriously
misbranded condition, the United States Government, under section 304 (a)
of the Act [21 U. S. C. 334 (a)], has instituted 11 seizure actions against
the product, Nutrilite Food Supplement, in various United States district
courts. These cases have not been tried. The only labeling changes effected
by defendants as a result of the institution of these actions has been the
deletion of the more obvious falsehoods and their replacement with more
artful wording and the 'new language' designed to convey to the consumer
the same information.
"21. The plaintiff believes that this product is seriously misbranded and
constitutes a threat to the health of the consuming public. The booklet
'How to Get Well and Stay Well' as a whole, when used in the manner alleged
herein, is calculated to convince the lay reader that the body can overcome every
illness if 'Nutrilite Food Supplement' is added to the diet, despite the advice
in several places that people should visit their medical doctors. The 'Sales
Manual' specifically instructs the Nutrilite salesman to quote D. T. Quigley's
book 'The National Malnutrition' at page 95 where it is stated:
To make up for past dietary sins, concentrated vitamins should be taken for
six months to two years, in order that the individual may reach a point where,
with his reserves restored, he can carry on a balanced diet.
The booklet, 'How to Get Well and Stay Well,' on page 20 contains these state-
ments :
Actually, then, when a person has an ache or pain, a weakness, wasting, un-
satisfactory feeling, a lesion, a symptom, or loss of physical capacity-in short,   I
when he is ill, there are three courses of action open to him.
(1) He can reason that since his body needs all necessary building and regu-
lating materials anyway, whether ill or well, he must make sure his body is
getting all these essential items for proper rebuilding and regulating, and he
will add these to his diet. Then he can wait long enough to give the body
a chance to rebuild, and see if that is all he needs.
And on page 21:
This procedure should be acceptable to all concerned. First, if the ailment is
chronic rather than acute, no harm can come from the use of the process of
rebuilding through food and the nutrilites, since the ailment has likely been
plaguing the person for considerable time and the sufferer is still alive. A few
months devoted to rebuilding the body can hardly make things worse.
This advice if followed with respect to all illnesses may easily result in ir-
reparable injury to health or even death. A delay of 6 months to 2 years in
treating a chronic condition of cancer, heart disease or tuberculosis may well
result in death. That 'Nutrilite Food Supplement' is sold for the treatment
and cure of such serious ailments is evidenced also by the memorandum en-
titled 'ACTION ! YOUR CHANCE TO HELP,' which was sent to all Nutrilite dis-
tributors along with the weekly edition of 'Nutrilite News' on or about March
17, 1949. This memorandum solicits the aid of all Nutrilite distributors in
securing users of Nutrilite to testify as to the efficacy of this drug in the treat-
ment and care of: Cancer, tuberculosis, gallstones, prostate trouble, arth-
- ritis, heart trouble, liver trouble and kidney trouble and of any other 'reason-
ably serious ailment.'
"22. The plaintiff believes that the misbranding of this product has resulted
and will continue to result in, injury and damage to the welfare of the con-
suming public, in that the defendants are attempting to and are in fact in-
ducing consumers to purchase this product in reliance on representations made
by and on behalf of the defendants that it will be effective in the treatment,
cure and prevention of all diseases and conditions enumerated above, where-
as this product will be ineffective when used for the treatment, prevention and
cure of such diseases and conditions.
"23. The defendants, Nutrilite Products, Inc., and Carl F. Rehnborg are
in active concert and participation with the defendants Mytinger & Cassel-
berry, Inc., and Lee S. Mytinger and William S. Casselberry, by manufactur-
ing the drug 'Nutrilite Food Supplement' and by acting as scientific advisors
in the distributional scheme and by making public appearances before distribu-
tor groups to explain that 'Nutrilite Food Supplement' contains a secret base
of unusual therapeutic value and is the answer to man's search for health,
which said explanations are false and misleading.
"24. Delay in enforcement action has resulted from an injunction granted
by a three-judge court in the District of Columbia, 87 F. Supp. 650. The Su-
preme Court of the United States has recently reversed the lower court on the
ground that it acted without jurisdiction, 339 U. S. 594.
"25. As successive regulatory steps have been taken by the United States,
the defendants have increased their word of mouth promotion and decreased
the written, printed, and graphic matter in the distrbution scheme. While de-
fendants are contending that their written, printed, and graphic promotional
material is innocuous, and merely offers Nutrilite Food Supplement as a
dietary supplement, their distributors and agents are utilizing the information
contained in this material and in fact are selling Nutrilite Food Supplement
to the public as an effective treatment, preventive, and cure for all the com-
mon ailments. The plaintiff alleges that if defendants are forced by
an injunction to discontinue their offensive labeling they will, unless enjoined,
continue the merchandising of 'Nutrilite Food Supplement' through oral
representations made by their distributors. In that case, the said drug
would be misbranded within the meaning of 21 U. S. C. 352 (f) (1), in that
its labeling would fail to bear adequate directions for use.
"26. The plaintiff is informed and believes that unless restrained by the
court, the defendants will continue to introduce and deliver for introduction
into interstate commerce the said article of drug misbranded within the mean-
ing of 21 U. S. C. 352 (a) and 352 (f) (1). The plaintiff also is informed and
believes that unless restrained by the court, the said defendants will con-
tinue to cause the said article of drug to be misbranded within the meaning of
21 U. S. C. 352 (a) and (f) (1) while held for sale after shipment in inter-
state commerce by directing the distributors to use oral and written testimo-
nials obtained locally and by directing the said distributors to use written,
printed, and graphic matter obtained locally to explain that 'Nutrilite Food
Supplement' is useful in the treatment, prevention, and cure of all of the
ills that beset mankind.
PEATEB: "That the defendants, Mytinger & Casselberry, Inc., a corporation,
and Nutrilite Products, Inc., a corporation, and Lee S. Mytinger, William
S. Casselberry, and Carl F. Rehnborg, individuals, and each and all of their
officers, agents, representatives, servants, employees, and attorneys, and
all persons in active concert or participation with any of them be perpetually
enjoined from directly or indirectly introducing or causing to be introduced
and delivering or causing to be delivered for introduction in interstate
commerce the article of drug designated as 'Nutrilite Food Supplement,' or
the same article by any other designation, or any similar article, (1) mis-
branded within the meaning of Section 502 (a) of the Act [21 U. S. C. 352
(a) ] by virtue of the use of the aforesaid false and misleading written, printed,
and graphic matter, or any other false or misleading written, printed, and
graphic matter, in the manner aforesaid, or (2) misbranded within the mean-
ing of Section 502 (f) (1) [21 TJ. S. C. 352 (f) (1)1 in that the labeling of
said article fails to bear adequate directions for the uses for which the said
article is intended, in violation of Section 301 (a) of said Act [21 U. S. C.
331 (a)];
"That the aforesaid defendants and all persons in active concert or par-
ticipation with them be perpetually enjoined from directly or indirectly doing
or causing to be done any act, whether oral, written, or otherwise, in the man-
ner aforesaid, or in any other manner, with respect to the aforesaid article,
or similar article, while held for sale after shipment in interstate commerce
which results in said article being misbranded, (1) within the meaning of
Section 502 (a) [21 U. S. C. 352 (a) ] in that the said written, printed or graphic
matter is false and misleading or (2) within the meaning of Section 502 (f)
(1) [21 U. S. C. 352 (f) (1)] in that the labeling of said article fails to bear
adequate directions for the uses for which the said article is intended, in viola-
tion of Section 301 (k) of the Act [21 U. S. C. 331 (k) ]; and
"That the defendants be required to tender to all purchasers of Nutrilite
Food Supplement, past and present, a refund of all amounts collected by said
defendants from said purchasers, as the sale price of said article; and that
the plaintiff be given judgment for its costs herein and for such other and
further relief as to the court may deem just and proper."
DISPOSITION : On November 16,1950, the following motions were filed on behalf
of the defendants: (1) a motion to drop Lee S. Mytinger and William S.
Casselberry as defendants on the grounds that they were not necessary nor
proper parties defendant; that a judgment against the corporation would
bind them; that the defendants were not engaged in any of the acts complained
of; and that the defense would impose upon said defendants great and
unnecessary expense; (2) a motion to drop the Nutrilite Products, Inc., and
Carl F. Rehnborg as defendants, on the ground that they were neither indis-
pensable nor proper parties defendant; (3) a motion to dismiss the com-
plaint on the ground that the complaint failed to state a claim for relief;
(4) a motion to strike certain allegations from the complaint on the grounds
that they were redundant, immaterial, impertinent, and scandalous; and (5)
a motion for a more definite statement on the grounds that the complaint
was vague and ambiguous. The motions were considered by the court on
briefs filed by the parties, and on December 19, 1950, the court denied all
of the said motions.
The defendants' answers to the complaint were filed on December 29, 1950.
On or about this date, the defendants served requests for admission, which
were in part answered and in part objected to by the Government. Subse-
quently,  the court overruled certain of the Government's objections  and
sustained the others; the Government then filed an amended answer to the
request for admission. On January 10, 1951, the defendants filed a demand
for a jury trial, which, however, was vacated on or about January 29, 1951,
on motion of the Government.
On January 18, 1951, the Government filed a motion to strike portions
of the defendants' answers to the complaint, on the grounds that they were
immaterial and insufficient as a defense to this action. This motion was
overruled in part and granted in part in an oral ruling from the bench.
On January 31,1951, a motion was filed on behalf of the defendants, praying
that the proceedings in the injunction suit be stayed pending the outcome of
the case involving 10 actions against certain quantities of Nutrilite Food
Supplement, which had been seized by process of libel in various Federal dis-
tricts and which had been removed to the Northern District of California and
consolidated for trial at San Francisco (reported in N. J. No. 3381). The
defendants' motion for stay of proceedings was denied on February 2, 1951.
On February 14, 1951, the defendants moved, in the Northern District of
California, for an order and injunction restraining the United States and
its officers and the Honorable Ben Harrison, Judge for the Southern District
of California, from proceeding with the trial of the injunction suit until
disposition of the consolidated seizure actions, which motions were denied.
On February 9, 1951, the Government filed a motion to compel Carl F.
Rehnborg to answer certain questions which he had refused to answer upon
oral examination and to require the production of documents and records by
Bernard Bailey, Lee S. Mytinger, and "William S. Casselberry. The court
ruled, on February 26,1951, that Mr. Rehnborg need not answer the questions
objected to by him on the grounds of self incrimination. The court further
ruled that the records of the corporations may be subpenaed and should be
produced, and that the secret process for the identity of a solvent used in
manufacturing could be inquired into by examination of other witnesses.
On February 14, 1951. the Government filed requests for admission. No
answers were filed to these requests, and on April 6, 1951, the following con-
sent degree of injunction was entered:
HARBISON, District Judge: "Upon the consent of all parties, and before
any testimony has been taken, and without any finding by the Court on any
issue of fact or law, it is
"ORDERED, ADJUDGED, AND DECREED that this Court has jurisdiction of the
subject matter hereof and of all the parties herein; and it is further
"ORDERED, ADJUDGED, AND DECREED that the defendants, and each of them,
and their officers, agents, distributors, representatives, servants, employees,
attorneys, and all persons in active concert or participation with any of
them who receive actual notice of this decree by personal service or other-
wise be and hereby are perpetually enjoined from directly or indirectly in-
troducing or causing to be introduced and delivering or causing to be deliv-
ered for introduction into interstate commerce the article designated as
'Nutrilite Food Supplement XX'; 'Nutrilite Food Supplement X'; 'Nutrilite
Food Supplement Junior,' or the same article by any other designation or
any vitamin and/or mineral product whether it contains or does not con-
tain any plant or animal material in addition to the vitamins and minerals
therein, accompanied by the following written, printed, or graphic matter
or accompanied by any written printed, or graphic matter substantially to
the same effect:
" 'How To Get Well and Stay Well'-any edition; 'Sales Manual-Nutrilite
Food  Supplement'-any present and past editions;  'Agent's  Manual'-any
present or past editions; 'The National Malnutrition' by D. T. Quigley, M. D.;
'Man Alive, You're Half Dead!' by Daniel C. Munro, M. D.; 'You Can Live
Longer Than You Think' by Daniel C. Munro, M. D.; 'Nutrilite News'-any
past issue;  'Southern California News,'-any past issue; 'Modern Miracle
Men' by Bex Beach, S. Doc. No. 264, 74th Cong. 2d Sess.  (1941)-M. & C.
Reprint No. 1; 'We Feed  Our Hogs Better  Than  Our  Children'  by  Fred
Bailey,   American  Magazine   (October,   1947),   M.   &   C.   Reprint   No.   2;
'Nutrition and Pregnancy' by Bruce Bliven, reprinted from Ladies' Home
Journal (November, 1947), M. & C. Reprint No. 3; 'The Miracles of Dr. Spies,'
by Dickson Hartwell, reprinted from Colliers (January 31, 1948), M. & C. Re-
print No. 4; 'Vitamins Are Not Drugs!' by Dr. Simon Benson, reprinted from
The Apothecary (June, 1946) by Lee Foundation for Nutritional Research,
M. & C. Reprint No. 5; 'The Latest on Vitamin Pills' by Clarence Woodbury,
Woman's Home Companion (January, 1949), M. & C. Reprint No. 6; 'What
Makes   You  Healthy?'   by   Winifred   Raushenbush,   Ladies  Home  Journal
(March, 1949), M. & C. Reprint No. 7; 'Bang's Disease and Undulant Fever
Are Due to Nutritional Deficiencies' by J. F. Wischhusen, American Feed and
Grain Dealer, Minneapolis, Minnesota, (July, 1948), M. & C. Reprint No. 8;
'A Practical Way to Avoid Malnutrition' by Royal S. Lee, Lecture delivered
at American Academy of Applied Nutrition, reprinted by Lee Foundation
for Nutritional Research (April 17, 1948-), M. & C. Reprint No. 9; 'Quota-
tions on Vitamins,' M. & C. Reprint No. 10; 'Are We Starving to Death' by
Neil M. Clark, reprinted from Saturday Evening Post  (1945) ;  'Health Is
On The Downgrade' by Henry Trautman, reprinted from Life Today (De-
cember, 1949) ; ' "Food" For Thought' by Rev. Henry Retzek, reprinted from
Priest Magazine   (December,  1945) ;   'Living  Should  Be  Fun'  by  Carlton
Fredericks;   'Your  Career  as  a  Nutrilite  Distributor'-past  issues;   'Your
Body Will Thank You'; 'What's Wrong with You?' 'Fun After Forty'; 'Carl-
Answers Some Questions'; 'Health From the Ground Up'; 'NutriLife, Vol. 1,
No. 1, Give Your Body a Chance'; 'NutriLife, Vol. 1, No. 2, Arthritis amd
Nutrilite'; 'NutriLife, Vol. 1, No. 3, What's Wrong with You'; 'Success Course
Number 1-the Sales Manual'- past issues; 'Success Course Number 2-The
Quigley Quiz';  'Success Course Number 4-Health From the Ground Up';
'On the Other Side of the Fence' (Film-in its present form) ;
"Provided that any information derived from the foregoing publications
used in devising new labeling shall not be prohibited if it conforms to all
of the provisions of the Federal Food, Drug, and Cosmetic Act.
Ill
and it is further
"OBDEBED, ADJUDGED, AND DECEEED that the defendants, and each of them,
and their officers, agents, distributors, representatives, servants, employees,
attorneys, and all persons in active concert or participation with any of
them who receive actual notice of this decree by personal service or other-
wise be and hereby are perpetually enjoined from directly or indirectly
introducing or causing to be introduced and delivering or causing to be de-
livered for introduction into interstate commerce the article designated as
'Nutrilite Food Supplement XX,' 'Nutrilite Food Supplement X,' 'Nutrilite
Food Supplement Junior,' or the same article by any other designation or
any vitamin and/or mineral product whether it contains or does not contain
any plant or animal material in addition to the vitamins and minerals therein,
accompanied by any written, printed, or graphic matter which states, repre-
sents, or implies, directly or indirectly, that such article will or may be
effective to prevent or adequately treat or cure any of the following named
diseases and conditions: Arthritis, rheumatism, high blood pressure, abnor-
mal blood count, Buerger's disease, cancer, leukemia, tumor, cerebral hemor-
rhage, stroke, apoplexy, diabetes, deafness, infection of ear, middle ear disease,
astigmatism, cataract, near-sightedness, gall bladder trouble, hemorrhage con-
nected with menopause, premature menopause, dysmenorrhea, prostate trouble,
impotence in males, sterility, uterine cramps, uterine hemorrhages, angina
pectoris, coronary occlusion, coronary thrombosis, heart disease, hyperten-
sive heart disease, rheumatic heart disease, infantile paralysis, poliomyelitis,
cystitis, kidney congestion, kidney stone, nephritis, pyrelitis, cirrhosis of the
liver, hepatitis, sclerosis  of the liver, multiple  sclerosis, palsy, paralysis,
Parkinson's disease, scarlet fever, measles, meningitis, pneumonia, smallpox,
ulcers (duodenal, peptic, stomach, gastric), varicose veins, or any other symp-
tom, disease or condition that is not within the allowable claims specified in
paragraph V, including subparagraph 31. Nothing in this paragraph III
shall prohibit the defendants, their officers, agents, distributors, representa-
tives, servants, employees, attorneys and all persons in active concert or par-
ticipation with any of them who receive actual notice of this decree by personal
service or otherwise from selling or offering for sale Nutrilite Food Supple-
ment solely as a food supplement to supplement or fortify the diet of any
person who may have any of the diseases or conditions above mentioned.
"ORDERED, ADJUDGED, AND DECREED that the defendants, and each of them, and
their officers, agents, distributors, representatives, servants, employees, attor-
neys, and all persons in active concert or participation with any of. them
who receive actual notice of this decree by personal service or otherwise be
and hereby are perpetually enjoined from directly or indirectly introducing
or causing to be introduced and delivered or causing to be delivered for in-
troduction in interstate commerce the article designated as 'Nutrilite Food
Supplement XX,' 'Nutrilite Food Supplement X,' 'Nutrilite Food Supplement
Junior,' or the same article by any other designation or-any vitamin and/or
mineral product whether it contains or does not contain any plant or animal
material in addition to the vitamins and minerals therein, accompanied by
any written, printed, or graphic matter which states, represents, or implies,
directly or indirectly that:
"1. There is only one major disease and that is malnutrition; and every
ailment or affliction which the public is currently suffering or to which they
may become heir is directly traceable to malnutrition.
"2. Most of the ills and diseases of human beings are the result of chemical
starvation of our bodies for vitamins and/or minerals.
"3. Physicians are trained in medicine, not nutrition, and are therefore not
prepared to accept the proposition that many people's complaints may be, and
probably are, caused by deficiencies of microfood factors; the 'medical ap-
proach' of doctors in ascribing illness and disease to poisons and germs is old
fashioned.
"4. "When a person has an ache or pain, a weakness, wasting, unsatisfactory
feeling, a lesion, a symptom, or loss of physical capacity, in short, when he is
ill, he can reason that since his body needs all necessary building and regulat-
ing materials anyway, whether ill or well, he will add a vitamin and mineral
food supplement to his diet, then he can wait long enough to give the body a
chance to rebuild and see if that is all he needs.
"5. Deficiencies of vitamins and/or minerals in the diet may show itself as
one of the common or not so common deficiency diseases, including those most
responsible for death in our 40's and 50's, whereas we should live in good health
and vigor, and with full possession of our faculties, to the age of 90 or 100.
"6. Diagnosis of disease is not necessary because whatever the trouble or
its medical name a vitamin and mineral food supplement will cause it to dis-
appear.
"7. The use of a vitamin and mineral food supplement will bring about a
condition of health.
"8. Every illness is the result of chemical imbalance and health is the result
of chemical balance, and a vitamin and mineral food supplement will bring the
body into chemical balance.
"9. The terms 'health nuisances,' 'chemical imbalance,' 'not-health,' 'poor
nutrition,' 'malnutrition,' 'deficiency disease,' 'dietary deficiency,' 'deficiency
ailment,' or 'dietary deficiency ailment' have the same meaning as every and
all ailments, illnesses or sicknesses.
"10. The accessory food factors necessary to good health are called nutri-
lites in the text books of the bio-chemists; the term 'nutrilites' means vitamins,
chlorophyll, bios, inositol and many others.
"11. All vitamins and other accessory food factors originate in plant ma-
terial.
"12. A food supplement which is capable of protecting against the ravages
and pain of deficiency diseases must contain all the vitamins, including those
which cannot be bought in the drug store, together with the nutrilites and
minerals so often lacking in our diet.
"13. A significant proportion of military service rejections during World
Wars I and II were due to malnutrition or vitamin and/or mineral deficiencies
in the diet.
"14. Distributors should use the process of elimination in selling a vitamin
and mineral food supplement, through which it is reasoned that all diseases
and incapacities except those due to germ invasions and accidents, are at-
tributed to faulty nutrition.
"15. Any other representation not within the allowable claims specified in
Paragraph V including subparagraph 31, which does not conform to the Fed-
eral Food, Drug and Cosmetic Act.
and it is further
"ORDERED, ADJUDGED AND DECREED that the allowable claims that may be made
as to the need for, or usefulness of, Nutrilite Food Supplement XX, Nutrilite
Food Supplement X, and Nutrilite Food Supplement Junior, shall be limited
to the following:
"1. These articles, when taken as directed, will supply to the user's diet
the vitamins and minerals stated on the labels in the amounts and proportions
of the minimum daily requirements stated on their labels.
"2. The need in human nutrition has been established for the following
vitamins and minerals contained in Nutrilite Food Supplement:
Vitamin A
Calcium
Vitamin D
Phosphorus
Vitamin B-l (Thiamin)?Iodine
Vitamin B-2 (Riboflavin)       Copper
Vitamin C (Ascorbic Acid)      Iron
Vitamin K
Vitamin B-6
Niacinamide
but the need in human nutrition has not been established for the following
vitamins and minerals contained in Nutrilite Food Supplement:
"3. That a prolonged deficiency in the intake of any vitamin or mineral for
which the need in human nutrition has been established (except Vitamin D,
which may also be derived from exposure to sunlight) produces pathological
conditions known as vitamin or mineral deficiency diseases, whereas the daily
intake of a certain minimum quantity of such substances prevents the onset
of such conditions.
"4. That a 'clinical deficiency disease' is one which is capable of being
diagnosed by qualified physicians from generally recognized symptoms.
"5. That a 'sub-clinical deficiency condition' is one, the symptoms of which
are not sufficiently definite or apparent, as to be capable of diagnosis.
"6. That 'sub-clinical deficiency conditions' do exist in the United States.
"7. All of the B-Complex vitamins for which the need in human nutrition
has been established, viz: vitamin B! (thiamine), vitamin B2 (riboflavin),
niacin, and vitamin B8 (pyridoxine), are contained in Nutrilite.
"8. If any representations are made to sell the need for Nutrilite Food
Supplement, they shall not relate to the vitamins and minerals for which the
need in human nutrition has not been established, other than statements which
conform to all provisions of the Food, Drug and Cosmetic Act and are based
upon reliable scientific evidence of the value of these substances.
"9. If any representations are made to sell the need for food suplementation
with Nutrilite Food Supplement, such representation shall be that supple-
mentation may be needed only if the user's diet is deficient in one or more of
the vitamin and mineral nutrients for which the need in human nutrition has
been established.
"10. If the non-specific symptoms specified in the following paragraphs are
mentioned, it shall be explained that if any such symptom persists it may be a
danger signal for serious disease having no relationship to a vitamin or
mineral deficiency.
"11. If clinical vitamin and mineral deficiency diseases (xerophthalmia,
rickets, osteoporosis, beriberi, ariboflavinosis, scurvy, or pellagra) are dis-
cussed, it shall be explained that such diseases are rare in the United States.
"12. If a claim is made that death may result to human beings from a
vitamin and/or mineral deficiency, there shall be associated with it a state-
ment that this occurs only after prolonged and severe deficiencies of the
vitamins and minerals needed in human nutrition and that such deaths are
rare in the United States.
"13. If a claim is made that a symptom may be due to a sub-clinical vitamin
or mineral deficiency, there shall be associated with the claim a qualification
that Nutrilite Food Supplement would be of benefit only if the symptom
resulted from a deficiency of one or more of the vitamins or minerals contained
in Nutrilite Food Supplement.
"14. The vitamins and minerals for which the need in human nutrition has
been established are needed in certain minimum daily amounts for the proper
growth and vigor of children.
"15. If a claim is made that a deficiency of vitamin A may cause nutritional
night blindness, or lowered resistance to infection of the mucous membranes of
the eye or other organs, it shall be explained (1) that these symptoms could
occur only when the daily intake of vitamin A has been less than the minimum
daily requirement over a prolonged period, and (2) that these are non-specific
symptoms in that they may be caused by any of a great number of conditions or
may have functional causes; and (3) that such non-specific symptoms do not of
themselves prove a nutritional deficiency.
"16. If the claim is made that persons suffering from chronic diarrhea
require greater amounts of Vitamin A, it shall be explained that this is due
to the evacuation of the vitamin before it can be absorbed by the body.
"17. If any claim is made to the effect that a deficiency of vitamin Bi
(thiamine), vitamin B2 (riboflavin), and/or niacin may be the cause of nervous-
ness, loss of appetite, neuritis, loss of muscle tone, digestive upsets, diarrhea,
vague aches and pains, fatigue, irritability, headache, dizziness, dryness of the
hair or skin, mental depression, insomnia, indigestion, loss of weight, con-
stipation, weakness, reddening of the lips, or sores about the angles of the
mouth, swelling and redness of the tongue, or inflammation of the mouth, it
shall be explained (1) that these symptoms could occur only when the daily
intake of vitamin Bi, vitamin Bs, and niacin is less than the minimum daily
requirement over a prolonged period; (2) that these are non-specific symptoms
in that they may be caused by any of a great number of conditions or may have
functional causes; and (3) that such non-specific symptoms do not of themselves
prove a nutritional deficiency.
"18. "Vitamin Bi (thiamine) tends in some cases to relieve the neuritis of
alcoholism and the neuritis of pregnancy.
"19. If it is claimed that a deficiency of vitamin C leads to dental caries,
anemia, defective teeth and gums, sponginess of the gums, soreness and bleeding
of the gums, pyorrhea, some gum infections, loss of appetite, and local
hemorrhages of the mucous membranes of the nose, mouth, gums and about
the face, it shall be explained (1) that these symptoms could occur only when
the daily intake of Vitamin C is less than the minimum daily requirement over
a prolonged period, (2) that these conditions, while they may be concomitant
signs of a vitamin C deficiency, do not of themselves prove a vitamin C
deficinecy, and (3) that these symptoms are non-specific and may be caused by
any of a great number of conditions or may have functional causes.
"20. It may be claimed that a deficiency of vitamin D (whether dietary or
not) or a deficiency of calcium in the human diet may produce rickets in
infants or osteoporosis in adults; that vitamin D aids in the utilization of
calcium and phosphorus, and is effective when adequate amounts of these
minerals are present in the diet. It may be claimed that vitamin D promotes
the utilization of calcium and phosphorus in the human body; that a deficiency
of vitamin D (less than 400 units per day) or calcium, (less than 750 milligrams
per day) over a prolonged period may cause poor bone and tooth development
in the growing child; and that during pregnancy and lactation there is an
increased need for calcium, phosphorus, and iron. It may be claimed that an
adequate daily supply of vitamin D (whether obtained from the diet, from
dietary supplementation, or from exposure of the body to sunlight) may be
useful in preventing or arresting dental caries in children when calcium and
phosphorus are liberally supplied and the diet is adequate with respect to other
nutrients.
"21. It may be claimed that calcium is one of the essential factors in the
proper coagulation of the blood; and that in some cases the administration of
calcium to pregnant women will relieve muscular soreness, muscular spasms,
muscular numbness, tingling of the muscles.
"22. That where whole wheat bread forms an important part of the diet, the
need for calcium is increased.
"23. It may be claimed that a deficiency of iron in the diet may cause iron
deficiency anemia and that an adequate supply of iron is one of the essential
factors in blood building. If it is claimed that a deficiency of iron in the diet
may cause lack of energy or palpitation of the heart, it shall be explained (1)
that these symptoms could occur only when the daily intake of iron is less than
the minimum daily requirement over a prolonged period; (2) that these
symptoms do not of themselves prove an iron deficiency; and (3) that these
symptoms are non-specific and may be caused by any of a great number of
conditions or may have functional causes.
"24. It may be claimed that a deficiency of iodine in the human diet will
cause simple goiter.
"25. It may be claimed that a deficiency of vitamin K in the human body
leads to a tendency to excessive bleeding from minor wounds,
"26. That the need for vitamin B? (pyridoxine) in human nutrition was
established during the year 1950.
"27. That a deficiency of copper does not produce any known clinical dis-
ease, but copper is necessary for the utilization of iron in the human system.
"28. Alfalfa, parsley, and watercress in the Nutrilite Base contribute small
amounts of some of the vitamins and minerals for which the need in human
nutrition has been established.
"29. It may be claimed that diets may be lacking in the vitamins and min-
erals for which the need in human nutrition has been established, by reason
of poor dietary habits, the improper selection of foods, unbalanced menus and
the loss of a portion of the water-soluble vitamins through excessive cooking,
storage, and processing.
"30. It may be claimed that many physicians who practice obstetrics sup-
plement the diets of expectant mothers with vitamins and minerals known to
be needed in human nutrition.
"31. That the specifications of the foregoing allowable claims shall not pre-
clude the making of other claims or representations which conform to all the
provisions of the Federal Food, Drug and Cosmetic Act including representa-
tions based upon generally accepted scientific facts in the field of nutrition;
nor shall the foregoing specifications preclude the making of statements or
representations which are supported by reliable scientific opinion, although
not supported by the consensus of scientific opinion, provided the statements
or representations are qualified by an explanation that a difference of reliable
scientific opinion respecting the same does exist; and in the event of conflict
between the provisions of this subparagraph 31 and any other provision of
this decree the provisions of this subparagraph 31 shall prevail.
and it is further
"OEDEBED, ADJUDGED, AND DECBEED that the defendants, and each of them, and
their officers, agents, distributors, representatives, servants, employees, at-
torneys, and all persons in active concert or participation with them who re-
ceive actual notice of this decree by personal service or otherwise be and
hereby are perpetually enjoined from directly or indirectly introducing or
causing to be introduced and delivering or causing to be delivered for intro-
duction in interstate commerce the article designated as 'Nutrilite Food Sup-
plement,' or the same article by any other designation or any vitamin and/or
mineral product whether it contains or does not contain any plant dr animal
material in addition to the vitamins and minerals therein, unless its labeling
is intended (by the person who introduced it or caused it to be introduced or
who delivered it or caused it to be delivered for introduction into interstate
commerce) when introduced into interstate commerce to be used.
VII
and it is further
"ORDERED, ADJUDGED, AND DECKEED that the defendants, and each of them, and
their officers, agents, distributors, representatives, servants, employees, at-
torneys, and all persons in active concert or participation with any of them
who receive actual notice of this decree by personal service or otherwise be
and hereby are perpetually enjoined from doing or causing to be done any of
the following acts or any acts substantially to the same effect, whether oral,
written or otherwise, with respect to the aforesaid article, or any vitamin
and/or mineral product whether it contains or does not contain any plant or
animal material in addition to the vitamins and minerals therein, while held
for sale after shipment in interstate commerce:
"1. The use, in the sale of Nutrilite Food Supplement, of any of the written,
printed, or graphic matter enumerated in paragraph II, or of any other
written, printed, or graphic matter substantially to the same effect, including
but not limited to the following, none of which was shipped in interstate
commerce by defendants herein: 'Soil, A Foundation of Health' by Arnold P.
Yerkes, International Harvester Co. (Chicago, 1946) ; 'Cancer, a Nutritional
Deficiency' by J. R. Davidson, reprinted from Question Mark (February,
1943); '- for Heart Disease: Vitamin F/ by J. D. Ratcliff, reprinted from
Coronet (October, 1948) ; 'The Prevention of Recurrence in Peptic Ulcer' by
D. T. Quigley, Lee Foundation for Nutritional Research; 'The Need for Vita-
mins' by L. Stambovsky, Lee Foundation for Nutritional Research; 'Talking
about Food' by George Tyner, reprinted from Journal of the American Academy
of Applied Nutrition (Autumn, 1947) ; 'Why We Need Vitamin E' by August
Pacini; 'You Can't Build a Live Body with Dead Food' and 'Why Should You
Use Nutrilite'; 'How to Get Well and Stay Well'-General Church Edition;
or any written, printed, or graphic matter not expressly authorized in writing
by defendant Mytinger & Casselberry, Inc.
"2. The use, in the sale of Nutrilite Food Supplement, of any written,
printed, or graphic matter which states, represents or implies that Nutrilite
Food Supplement will be effective as a preventive, adequate treatment, or
cure of any disease, condition, or symptom covered by paragraph III, or
which includes any of the representations prohibited by paragraph IV or any
representation substantially to the same effect as those prohibited by paragraph
IV, or any other representation that is not in conformity with the allowable
claims of paragraph V including subparagraph 31.
"3. Representing that Nutrilite Food Supplement is useful in the prevention,
treatment, or cure of any disease, condition, or symptom that is not stated
and/or enumerated in the labeling thereof.
VIII
and it is further
"ORDERED, ADJUDGED, AND DECREED that in applying or enforcing the provi-
sions of the foregoing paragraphs of this decree any statement, representa-
tion, or implication contained in a testimonial, whether upon any written,
printed, or graphic matter (including wire or tape recordings)' or made
orally, may be made if allowed under the claims authorized in paragraph V
Including subparagraph 31 and shall be regarded as if made directly by the
person using the testimonial or causing it to be used.
and it is further
"ORDERED, ADJUDGED, AND DECREED that the defendant Mytinger & Casselberry,
Inc., shall direct all distributors to forward to it all written, printed, and
graphic matter in their possession obtained from Mytinger & Casselberry,
Inc., the use of which is prohibited by this decree, and it shall not again be
used as labeling; and the defendant Mytinger & Casselberry, Inc., shall direct
all distributors to discontinue the use in the sale of Nutrilite Food Supplement
of any written, printed or graphic matter not expressly authorized in writing
by it.
and it is further
"OEDEBED, ADJUDGED, AND DECEEED that the defendants, and each of them, their
officers, agents, distributors, representatives, servants, employees, attorneys,
and all persons in active concert or participation with any of them who receive
actual notice of this decree by personal service or otherwise be and hereby are
perpetually enjoined from directly or indirectly employing the following prac-
tices in their sales program:
"1. Authorizing a beginning distributor to undertake sales prior to his
completion of initial training and his approval by Mytinger & Casselberry, Inc.
"2. Authorizing persons to distribute Nutrilite, or to sponsor distributors
of Nutrilite, before they have been instructed as to the allowable and pro-
hibited claims of this decree.
"3. Making any representation as to the qualifications and professional
background of any person associated with Nutrilite Products, Inc., or Mytinger
& Casselberry, Inc., which is not expressly authorized in writing by Mytinger
& Casselberry, Inc., and Nutrilite Products, Inc.
and it is further
"OBDEEED, ADJUDGED, AND DECREED that the defendant Mytinger & Casselberry,
Inc., shall call this decree to the attention of every present distributor who
sells or offers for sale Nutrilite Food Supplement and require each such dis-
tributor to sign a written statement that he has read this decree.
XII
and it is further
"OBDEEED, ADJUDGED, AND DECREED that all written, printed, and graphic mat-
ter used in the future in the merchandising of Nutrilite Food Supplement may
at defendants' option first be submitted to the United States Food and Drug
Administration for inspection and comment which shall be made within a
reasonable time, and in the event the defendants disagree with the Opinion
of the Food and Drug Administration or upon the failure of the Food and
Drug Administration to inspect and comment within a reasonable time respect-
ing such labeling, or without submitting such written, printed, or graphic
matter to said Administration, they may seek modification of this decree to
authorize its use before it is distributed to agents or distributors.
XIII
and it is further
"OBDEEED, ADJUDGED, AND DECREED that an indictment dated September 15,
1948, returned to this Court against Mytinger & Casselberry, a partnership,
and Lee S. Mytinger, William S. Casselberry, and Carl F. Rehnborg, as indi-
viduals, No. 20289, be and the same is hereby dismissed; and that the consoli-
dated libel proceedings against Nutrilite Food Supplement in the United States
District Court for the Northern District of California, Southern Division,
bearing numbers 24792-6, 25800, 25801, 25804, 25809, and 25817, shall be termi-
nated pursuant to stipulation between the parties.
XIV
and it is further
"OBDEEED, ADJUDGED, AND DECEEED that nothing in this decree shall be con-
strued as to prevent defendants from doing anything which is authorized under
or by the Federal Food, Drug and Cosmetic Act, as amended, or any other
provision of law, nor shall this decree deprive said defendants of the immuni-
ties conferred by said Act as now in force or as hereafter amended, and in the
event of conflict between this paragraph and any other provision of this decree,
the provisions of this paragraph shall prevail.
and it is further
"OBDEBED, ADJUDGED, AND DECREED that in applying or enforcing the provisions
of this decree, any act done or any statement or representation made by any
distributor of Nutrilite Food Supplement, which act, statement, or repre-
sentation was neither done nor made, nor caused to be done or made, by the
defendants Mytinger & Casselberry, Inc., or Nutrilite Products, Inc., their
officers, employees, or persons acting under authority from them, shall be
deemed and regarded as solely the act, statement, or representation of the
distributor.
XVI
and it is further
"OBDEBED, ADJUDGED, AND DECREED that all claims for relief presented by the
pleadings herein which are not specifically granted by this decree are hereby
waived.
XVII
and it is further
"OBDEBED, ADJUDGED, AND DECBEED that this action be, and it hereby is, dis-
missed as to the defendants Lee S. Mytinger, William S. Casselberry, and Carl
F. Behnborg.
XVIII
and it is further
"OBDEBED, ADJUDGED, AND DECBEED that jurisdiction of this Court is retained
for the purpose of enabling any of the parties to this judgment to apply at any
time for such further orders and directions as may be necessary or appropriate
for the construction or carrying out of this judgment or for modification of
any of the provisions thereof and for the purpose of enforcing compliance
therewith and the punishment of violations thereof. Nothing herein shall
prejudice the right of any party to move the Court for modification of this
judgment in the event of changed conditions of law, fact, or scientific opinion.
STIPULATION
"It is stipulated between the parties that the libel proceedings against
Nutrilite Food Supplement pending in the United States District Court for the
Northern District of California, Southern Division, bearing numbers 24792-6,
25800, 25801, 25804, 25809 and 25817 present no questions for adjudication for
the reasons that (1) the products may have become below label potency and
therefore unmarketable by reason of lapse of time, and (2) the use of the
labeling involved has been covered by a final consent decree entered in the
District Court of the United States for the Southern District of California in
United State v. Mytinger d Casselberry, Inc. et al., No. 10344-BH.
"Now, therefore, upon consent and before any testimony has been taken and
without any findings by the "Court.on any issue of fact or law, a final order
may be made by the United States district Court for the. Northern District of
California, Southern Division, in each of said libel proceedings, directing the
United States Marshals for the districts in which the shipments of said Nu-
trilite Food Supplement are under seizure, to deliver them to appropriate
charitable institutions, for use by the inmates of the institutions, with an ex-
planation that they may be below label potency and directing that the labeling
be delivered to Mytinger & Casselberry, Inc., for disposition in accordance with
paragraph IX of the final consent decree entered in the Southern District of
California. The cost bonds filed in said libel proceedings may be discharged
and the moneys deposited as cost bonds may be returned to Claimant Mytinger
& Casselberry, Inc."