5203. Nutrilite  food supplement.    (F.  D.  C.  No.  37261.    S.  Nos.  88-421  L,
88-430 L.)
INFORMATION FILED: 9-30-55, W. Dist. N. Y., against John Josef and Elinor
M. F. Josef, Rochester, N. Y.
ALLEGED VIOLATION : In the course of a sales talk given at Rochester, N. Y., on
9-24-54, Elinor M. F. Josef made oral representations holding the article
out to the persons present as an effective treatment for diabetes, caacer,
multiple sclerosis, nervousness, arthritis, psoriasis, and malaria; and in the
course of sales talks given at Rochester, N. Y., on 9-28-54, John Josef and
Elinor M. F. Josef made additional oral representations holding the articles
out to the persons present as an effective treatment for multiple sclerosis,
diabetes, psoriasis, arthritis, mqscular dystrophy, nervousness, paralysis,
cerebral palsy, ulcerated stomach, neuritis, pyorrhea, high blood pressure,
bad eyesight, alcoholism, nervous breakdown, rheumatism, heart trouble,
amyotrophic lateral sclerosis, hypertension, facial flushes, headaches, dizzi-
ness, and a letdown feeling.
The acts of the defendants in making such oral representations resulted in
the article being misbranded while held for sale after shipment in interstate
commerce.
LABEL IN PAET: (Pkg.) "Nutrilite (R) XX [or "Junior"] Food Supplement
This package contains multiple vitamin capsules and mineral tablets for use
as a dietary food supplement to fortify, or supplement, the diet."
CHARGE:   502 (f)  (1)-the labeling of the article failed to bear adequate di-    ,
rections for use in the treatment of the diseases, symptoms, and conditions   \^
for which it was intended, namely, the diseases, symptoms, and conditions set
forth above.
PLEA :
  Not guilty.
DISPOSITION : On 11-25-55, the defendant filed a motion for a bill of particulars,
and on 1-27-56, the court granted the motion with respect to 2 of the 6 items
on which particulars were requested. Thereafter, the defendants filed, a
motion for dismissal of the information on the ground that it did not state
sufficient facts to constitute an offense against the United States, and on
6-27-56, the court denied the motion.
The case came on for trial before the court and jury on 5-21-57, and was
concluded with the return by the jury, on 5-24-57, of a verdict of guilty.
On 6-3-57, the court fined John Josef $500 and Elinor M. F. Josef $1,000, but
remitted $500 of the latter fine.