3593. Misbranding of Elemin tablets and 6 & J Formula No. 701 (or 601) tablets.
U. S. v. 10 Cases, etc    (F. D. C. No. 31219.    Sample Nos. 18868-L,
18869-L.)
LIBEL FILED :    June 27,1951, Northern District of Iowa.
ALLEGED SHIPMENT : On or about March 10, April 17 and 18, and May 3, 1951,
by the G & J Distributors, from Berkeley, Calif.
PRODUCT: 10 cases, each containing 12 700-tablet bottles, and 2 cases, each
containing 24 120-tablet bottles, of Elemin tablets, and 10 cases, each con-
taining 12 350-tablet bottles, and 2 cases, each containing 24 120-tablet
bottles, of. G & J Formula No. 101 (or 601) tablets, at Fort Dodge, Iowa,
together with certain accompanying printed matter.
The printed matter consisted of a number of copies of a booklet entitled
"Sales Manual, Nutritional Products, Elemin Minerals, G & J Multiple Vita-
mins"; a book entitled "Health from the Ground Up" by the International
Harvester Co.; a booklet entitled "Facts You Should Know," including Senate
document No. 264, 74th Congress, Second Session, entitled "Modern Miracle
Men" by Rex Beach; a brochure entitled "Soil-A Foundation of Health"
published by the International Harvester Co.; a book entitled "The National
Malnutrition" by D. T. Quigley, M. D.; and leaflets entitled "Elemin Mineral
Tablets," "Its Later Than You Think, Watch Your Diet, Mineralize-Vita-
minize," "Composite analysis derived from the reports of the following
laboratories," and "The Following is a Reprint of a Published Article for
Informative and Educational Purposes Only."
naturally present in dehydrated kelp, iron gluconate and a sedimentary min-
eral deposit, with excipients and color added to sugar coating. Manufactured
for Morgen & Bush, Inc. * * * Bakersfield, Calif." and "G & J Formula No.
701 (or 601) Each 2 Tablets Will Supply: Vitamin A (Fish Liver Oils)
5,000 U. S. P. Units Vitamin D (Irradiated Ergosterol) 1,000 U. S. P. Units
Vitamin P>i (Thiamin Hcl and Yeast) 3.0 Mg. Vitamin B2 (Riboflavin) 2.0
Mg. Vitamin B8 (Pyridoxine Hcl) 1.0 Mg. Vitamin Bu 1.0 Meg. Vitamin C
(Ascorbic Acid) 50.0 Mg. Vitamin E (Mixed Tocopherol) 3.0 Mg. Niacin 20.0
Mg. Calcium Panthothenate 5.0 Mg. Concentrated Beef Liver Extract 65.0
Mg. * * * " Mfd. for and Dist. by G & J Distributors * * * Berkeley 4,
California."
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements in the
printed matter accompanying the articles were false and misleading. The
statements represented and suggested that the articles supplied a universal
need; that clay, described as "sedimentary mineral deposit" and denominated
"panaca," used as an ingredient in the article, "Elemin Tablets," contributed
significantly to the diet of the user; that ordinary foods, because of soil de-
pletion and processing, do not supply the need for vitamins and minerals so
that supplementation of the usual diet is essential; that ninety-nine percent
of the American people are deficient in minerals, resulting in disease, suffering,
and shortening of life; that the symptoms, conditions, and -diseases that beset
the human body most commonly result from dietary deficiencies, and such
symptoms, conditions, and diseases could be prevented and adequately treated
by the use of Elemin tablets and O & J Formula No. 701 {or 601) tablets;
that the articles would be effective in the prevention and treatment of all
sorts of discomfort, soreness, pain and stiffness, all infections, infections of
the upper respiratory tract, including colds, grippe, and pneumonia, brain infec-
tions, chronic constitutional ailments, diseases of the adenoids, tonsils, diges-
tive organs, lungs, blood vessels, skeleton, and gums, degenerative diseases,
venereal diseases, nerve and brain diseases including insanity, stupidity in
children, heart diseases including rheumatic heart disease, periodontal diseases,
tooth decay, pyorrhea, arthritis, rheumatic fever, tuberculosis, pimples, con-
stipation, neuroses, irritability, chronic gastritis, stomach and duodenal ulcers,
stomach cancer, osteomalacia, nephritis, arteriolosclerosis, skeletal weakness,
and all ailments and afflictions to which people may become heir; and that
consumption of the articles would eliminate 70 to 80 percent of present-day
diseases, bring to an end susceptibility to, and afford immunity from, infection,
extend the average age to well over 100 years, and result in good health,
happiness, and contentment. The articles were not capable of fulfilling the
promises of benefit made for them; they were not effective in the prevention
and treatment of the symptoms, diseases, and conditions stated and implied;
and the impression conveyed by the statements was contrary to fact.
The articles were alleged also to be misbranded under the provisions of the
law applicable to foods, as reported in notices of judgment on foods.
DISPOSITION :   July 28, 1951.   Default decree of condemnation and destruction.