4488. Adulteration of wheat germ.    U. S. v. 161 Cases and 45 Cases of Wheat
Germ.    Default decree of condemnation and destruction.    (F. D. C. No.
8399.    Sample No. 16874-F.) 
On September 24, 1942, the United States attorney, for the Southern District 
of New York filed a libel against 161 cases, each containing 12 %-pound cans, 
and 45 cases, each containing 12 1-pound cans, of wheat germ at New York, 
N. Y., alleging that the article had been shipped in interstate commerce on or 
about August 28, 1942, by the Battle Creek Food Co. from Battle Creek, Mich.; 
and charging that it was adulterated and misbranded. The article" was labeled 
in part: "Battle Creek Wheat Germ." '
Examination of samples of the article showed that it contained less than 300 
U.S-P-units of vitamin Bi per ounce.
It,was alleged to be misbranded (1) in that the following statement on the 
label, "One ounce (approx. ys cup) of Battle Creek Wheat Germ supplies 500 
U.S.P. units of vitamin Bi (Thiamin), (1% times the minimum daily requirement 
for an adult)," was false and misleading since it contained less than 500 U.S.P. 
units of vitamin Bi per ounce; (2) in that the following statements, "Wheat 
Germ fills a much-needed place in the modern diet which is apt to be deficient in 
Thiamin (vitamin Bi) and Riboflavin (vitamin G). Vitamin Bi tends to make 
steady nerves, improves appetite, aids digestion and combats constitpation. Vi- 
tamin G promotes good nutrition; both vitamins help to build vital resistance. 
Battle Creek Wheat Germ presents a * * .* • economical source of these im- 
portant vitamins. One ounce (approx. %'cup) of Battle Creek Wheat Germ 
\ supplies 500 U.S.P. units of vitamin Bi (Thiamin), (1% times the minimum 
' daily requirement for an adult)," were misleading since they represented and 
suggested that adequate amounts of vitamin Bi and riboflavin are not supplied 
by the ordinary diet and that the use of the article would promote steady nerves, 
improve the appetite, aid digestion, combat constipation, promote good nutrition, 
and build vital resistance, whereas vitamin Bi and riboflavin are present in a 
wide variety of ordinary foods and are present in many ordinary diets in ade- 
quate amounts, and the use of the article would not correct nor promote the 
conditions mentioned; and (3) in that it purported to be a food for special 
dietary use by reason of the presence of riboflavin and vitamin Bi and other 
vitamins and its label failed to name, as required by regulations promulgated 
pursuant to law, the special dietary properties other than riboflavin and vitamin 
Bi, upon which such use was based; and its label failed to bear a statement of 
the quantity of such vitamins, other than riboflavin and vitamin Bi, supplied by 
the article, as required by such regulations.
The article was also charged to be adulterated and misbranded under the pro- 
visions of the law applicable to drugs as reported in notices of judgment on drugs 
and devices.
On October 10, 1942, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed.
MISCELLANEOUS FOOD PRODUCTS