23271. Misbranding of Dr. Stoll's Diet-Aid. XT. S. v. 3 Dozen Packages of Dr. Stoll's Diet-Aid. Default decree of condemnation, forfeiture, and destruction. (F. & D. no. 33114. Sample no. 4251-B.) This case involved a product labeled to convey the impression that it could be used as a substitute for certain meals, and that such use would cause loss of weight. Examination showed that it consisted of ordinary food constit- uents, and that any loss of weight would be the result of the reduction in the amount of the food consumed, recommended in the labeling. The labels also contained unwarranted curative and therapeutic claims. On July 25, 1934, the United States attorney for the Eastern District of Missouri, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 3 dozen packages of Dr. Stoll's Diet-Aid at St. Louis, Mo., alleging that the article had been shipped in interstate commerce, by Diet-Aid Sales Co., from Chicago, III., in the month of November 1933, and charging misbranding in violation of the Food and Drugs Act as amended. Analysis showed that the article consisted essentially of corn starch, sugar, cacao powder, and caramel. It was alleged in the libel that the article was misbranded in that the following statements in the labeling were false and misleading, since the effect of the article would not be to reduce surplus flesh: (Display card) "Makes Dieting A Pleasure Sip away Fat with safety "; (carton) " Sold to reduce ugly Fat Sold to make a supple Figure"; (tin can) "Makes Dieting A Pleasure Now it's a pleasure to diet Don't fight the pangs of hunger—don't suffer from starvation in your diet to control weight. Drink delightful Diet-Aid. It makes dieting a pleasure. Takes the drudgery out of weight control. A cup of delicious Diet-Aid beverage makes you fell as if you had dined heartily. That's what your stomach tells you—but the scales tell you differently. Satisfies the appetite, but eliminates the excess calories. Enables you to pursue a sane diet sanely, comfortably, effectively. Directions Add one tea- spoonful of Diet-Aid to a cup of boiling water, hot coffee or tea. Stir well and then sip slowly a spoonful at a time. Dont diet by eliminating meals. Instead, substitute Diet-Aid for breakfast or lunch, or both, and then eat your customary dinner. That's the Diet-Aid method—simple, sane, safe."; (circular) " The Healthful Way to Slender Beauty [picture of a woman] The secret of weight control set forth in this booklet is dedicated to all those unfortunates who are overweight. Thanks to the painstaking and scientific research of Dr. J. E. Stoll, it is now possible for the American Public to reduce weight and maintain a healthy and slim figure by use of a simple dietary method. * * * Dieting can now be a pleasure, and to this new pleasure—the vitalizing energy derived from modern scientific weight control— we dedicate the knowledge contained in the following pages. The Cause of Fat Excess fat is the result of over-eating or under-exercising—or both. Many a wall flower and many an unsightly figure has resulted from over-use of the knife and fork and under-use of legs, arms and body in an insufficient amount of exercise to prevent the flabbiness which leads to fat. Modern habits—the use of the motor car and other 20th Century means of transporta- tion—are fundamental causes for the lack of exercise. Most people won't exercise because they find it distasteful, or because it takes too much time. Furthermore, reducing exercises often cause injuries or discomfort because the inexperienced are too violent in their practice of such exercises. A calorie means the amount of energy that a certain amount of food will produce in our bodies. Eleven calories per day per pound of normal body weight will maintain the body in good health when at rest. Under conditions of heavy work science tells us, only eighteen calories per day per pound of weight are required. As a happy medium for health and the maintenance of a normal amount of weight, let us take fifteen calories as a measuring unit. Here is a simple little chart which shows you the actual number of calories really needed daily: * * * she has allowed herself to become 17 pounds overweight. * * * she must arrange a caloric diet that will, count only 1,200 to 1,500 ... if she is to win the slimness she desires. * * * Up to a certain point, eating is merely a matter of habit. Habit is always difficult to control and dieting formerly has been nothing short of drudgery. Control the eating habit by satisfying the appetite scientifically, and you control weight comfortably, effectively and safely. The Diet-Aid Method The Diet- Aid method does not ask you to fight the pangs of hunger—to suffer from real or imaginary starvation in your diet to control weight. This pure food in delightful beverage form satisfies the appetite but eliminates the excess calories. Takes the drudgery out of weight control—actually makes dieting a pleasure. A cup of this delicious beverage makes you feel as though you had dined heartily. That's what your stomach tells you, but the scales tell you differently. Diet-Aid fills you up, gives you the proper amount of ener- gizing nourishment, but eliminates the fat-building content. Simple To use Diet-Aid makes dieting a pleasure. Just add one teaspoonful of Diet-Aid to a cup of boiling water, hot coffee, or tea—Stir well and then Sip slowly, a teaspoonful at a time. Weight control becomes as simple and pleasureable as that. Don't diet by eliminating meals. Simply Substitute Diet-Aid For Breakfast Or Lunch, Or Both—And Then Eat Your Customary Dinner At Night. * * * Safe, Sure, Sane—Diet-Aid can be your beauty aid. Try the Diet-Aid method for two weeks, and you will be amazed with the results, [picture of woman] * * * [Tables of heat values for food materials. Also height, age and weight tables.] * * * [Testimonials] Diet-Aid Users Say 'At the end of three weeks my weight had fallen 17 pounds and the next three weeks showed a decrease of 11 pounds. At last I was back to normal weight, quickly and safely. I found Diet-Aid to be just what you represented '.***' I have taken off 21 pounds in three weeks, and feel like a new person '.***< Diet-Aid is the " missing link" in the diet chain. Each and every fat person realizes that she or he can obtain slen- derness through dieting only, but the fact of " feeling hungry " is distasteful and discouraging. Diet-Aid does away with this feeling as it fulfills the food requirements, satisfies the appetite, and still does not add fat.' * * * ' I have been taking Diet-Aid for four weeks, have lost 17 pounds, and feel like a new person. I heartily recommend it to those who wish to control weight by a safe and sure method.' * * * ' I owe it to Diet-Aid for being peppy and spry. I weighed 220 pounds and after taking Diet-Aid for only four and one-half weeks, I have lost 40 pounds. Thanks to Diet-Aid.' * * * Here's a Typical Experience With Diet-Aid ' I am sending one dollar for which send me a three weeks supply of Diet-Aid. I cannot buy it in my town. I have tried everything and cannot reduce. Is Diet-Aid another fake remedy, does it contain drugs?' * * * Three Weeks Later 'After taking one can of Diet- Aid I have lost thirteen pounds. This is the only thing I have ever taken that reduced me. I am sending one dollar for which please send me another can.' * * * Mrs. H's is but one of hundreds we receive weekly from enthusiastic Diet-Aid users throughout the country. What Diet-Aid has done safely for them it can do for you. Dr. Stoll's Diet-Aid Gives Necessary Food Values Without Fat Building Calories * * * Your doctor will tell you that excess fat is the result of over eating or under exercising, yet many in attempt to reduce have ruined their health by depriving the body of essential food values or by indulging in over strenuous exercise. Even more have made the mistake with experimenting with harmful thyroid extract, laxatives and drugs. Diet- Aid approaches your problem of ' slenderizing' in a different—a scientific and safe, easy way. It satisfies your appetite and provides your body with the necessary energizing food values but eliminates all tissue building fat produc- ing calories and does it in a pleasant practical way. Diet-Aid makes dieting a pleasure, just add one teaspoonful to a cup of boiling water, coffee or tea. Stir well and then sip slowly. Substitute Diet-Aid for breakfast, lunch, or both—then eat your customary dinner at night. Simple, pleasant and safe. * * * Information Any questions that you wish to ask us about your Diet or your Weight control please write us and we will gladly answer your ques- tion. Start Treatment Now! Go to your local drug store, department store or beauty parlor today. A three weeks supply of Diet-Aid costs only one dollar- and will start you on the way to regaining the graceful slimness of youth. * * * Reducing Food." Misbranding was alleged for the further reason that the following statements in the labeling were statements regarding,the curative or therapeutic effects of the article, and were false and fraudulent: (Circular) "The Healthful Way * * * Thanks to the painstaking and scientific research of Dr. J. E. Stoll, it is now possible for the American public to * * * maintain a healthy * * * figure by use of a simple dietary method * * * To this new pleasure—the vitalizing energy derived from modern scientific weight con-( trouble dedicate the knowledge contained in the following pages"; (carton) " Sold to bring back Energy." On September 21, 1934, no claimant having appeared, judgment of condemna- tion was entered and it was ordered that the product be destroyed. M. L. WILSON, Acting Secretary of Agriculture.