6793. Misbranding of Dwarfies Wheatmix and Dwarfies Wheat Germ.    IT. S. v. 
Dwarfies Corporation.    Plea of guilty.    Fine, $150 and costs.     (F. D. C.
No. 10553.    Sample Nos. 3130-F, '3226-F, 3227-F.)
INFORMATION FILED:    On December 30, 1943, in the Southern District of Iowa, 
against the Dwarfies Corporation, Council Bluffs, Iowa.
ALLEGED SHIPMENT:    On or about September 30, 1942, and January 29, 1943, 
from the State of Iowa into the State of Nebraska.
LABEL IN PART: "Dwarfies .Wheatmix," or "Dwarfies Toasted Wheat Germ." 
VIOLATIONS CHARGED: Misbranding of Wheatmix, Section 403 (a), the state- 
ments in the labeling which represented and suggested that the article contained 
25 times more wheat germ than whole wheat contains were false and misleading 
since it contained not more than from 5 to 7 times more wheat germ than whole 
wheat contains.
Misbranding of wheat germ, Section 403 (a), because of false and misleading 
statements appearing in its labeling which represented and suggested that con-
sumptionof the article would insure a diet high in vital food-elements; that it 
was a magic food which would balance the family diet and provide a completely 
healthful diet; that it was a splendid source of the vitamin B complex; that 
consumption of the article as directed would insure an abundance of the B- 
group vitamins; that, when used as directed, it would contribute in an important 
respect to the requirements of the body for vitamin A and calcium; that the 
contents of one of the jars, 11 ounces of the article, was equivalent to 3 pounds 
of wheat gerin; that each ounce of the article contained 2.02 milligrams of 
copper; .that the minimum daily requirement for riboflavin for adults was 1.8 
milligrams; and that the minimum' daily requirements for niacin and copper 
have been established. The article was not a splendid source of the vitamin B 
complex and would not accomplish the'results claimed; the contents of one of 
the jars, 11 ounces of the article, was not equivalent to 3 pounds of wheat germ, 
inasmuch as two of the vitamin constituents of wheat germ, Vitamin, D and 
riboflavin, were present in the article in essentially the same amount as are 
present in wheat germ; each ounce of the article contained a smaller amount of 
copper than was represented; the minimum daily requirement for riboflavin for 
adults is not 1.8 milligrams but is 2 milligrams; and the minimum daily re- 
quirements for niacin and copper have not been established.
Both products: Misbranding, Section 403 (j), the articles purported to be 
and were represented as foods for special dietary uses by man by reason of their 
content of vitamin Bi, vitamin E, vitamin A, and vitamin B2, and their mineral 
content of iron, copper, calcium, phosphorus, and (Wheatmix. only) iodine, but 
their labels failed to bear, as the regulations' require, statements of the propor- 
tion of the minimum daily requirements for vitamin Bi, vitamin A, and vitamin 
B2, iron, calcium, phosphorus, and (in the case of the Wheatmix) iodine which 
would be supplied by the articles when consumed in a specified quantity during 
a period of 1 day; and they failed to bear'a statement that the need for vitamin 
E in human nutrition has not been established, or a statement of the quantity 
of copper which was contained in a specified quantity of thearticles.
The articles were also alleged to be misbranded under the provisions of the 
law applicable to drugs, as reported in notices of judgment on drugs and devices, 
No. 1119.
DISPOSITION: On January 25, 1944, the defendant having entered a plea of 
guilty, the court imposed a total fine of $225 and costs, the fine on the counts 
charging violation of the food sections of the Act amounting to $150.