6794. Misbranding of Helio Minerals. XT. S. v. 3 Dozen Bottles and 3 Dozen Bottles of Helio Minerals. Default decree of condemnation and destruc- tion. (F. D. C. No. 10360. Sample No. 33849-F.) LIBEL FILED: August 6, 1943, Western District of New York. ALLEGED SHIPMENT: On or about June 7 and July 30, 1943, from Detroit, Mich., by the Gordon Service, Inc. PRODUCT: Helio Minerals: 3 dozen 500-tablet bottles and 3 dozen 160-tablet bottles at Buffalo, N. Y. Examination disclosed that the article consisted essentially of seaweed, alfalfa, and parsley leaves; and that 6 tablets, the number directed to be taken in 1 day, would provide only about Ms of the minimum daily adult requirement for calcium, %o of the minimum daily adult requirement for phosphorus, and Yi of the minimum daily adult requirement of iron for adults and children over 6 years of age, and % of the minimum daily requirement of iron for children under 6 years of age. The amount of copper provided was essentially incon- sequential. VIOLATIONS CHARGED: Misbranding, Section 403 (a), the designation "Helio Minerals," in the labeling of the article, was false and misleading as applied to a product which consisted essentially of seaweed, alfalfa, and parsley leaves; the statements on its label, "(Dietary Supplement) Contain in Organic (natural) form all of the minerals now known to be essential to nutrition, especially ripe in iron, copper," were false and misleading since the article, when taken in accordance with the directions on the label, "3 tablets after breakfast and 3 tablets after evening meal "* * * Children over three can be given same amount," would provide but a small fruition of the requirements of adults or children for calcium, phosphorus, arid iron, minerals which are known to be essential to nutrition, and but an inconsequential trace of copper; and the fol- lowing statements on its label, "Helio Minerals are prepared in the laboratories - of an internationally recognized scientist from his own selection of .Macrocystis Pyrifera (Giant Kelp) so as to retain their amazing content of minerals," and "Helio Minerals were prepared to supply minerals in large enough amounts to be of real value," were false and misleading since the article was prepared from seaweed (kelp), alfalfa, and parsley leaves, products which do not contain an unusual proportion of mineral constituents, and, when taken as directed, it would supply but a small fruition of the minerals now known to be essential to nutrition. Further misbranding, Section 403 (a), the statements in an accompanying circular entitled "Feel Better Look Better Hello Minerals and Helio Natural B-Complex" were false and misleading since they represented and suggested that the article was effective, either alone or in combination with vitamin B-complex, to fulfill the promises of benefits stated and implied therein, that is, that the article would enrich the blood, soothe the nerves, add energy, and repair the body; that it would make the user feel better and look better; and that it would increase resistance to disease, protect the bones and teeth, strengthen the heart and nerves, insure good digestion, keep tissues flexible and active, prevent poor muscular control, neutralize excess acids, produce internal cleanliness, aid in the treatment of rheumatism, skin, and other diseases, help one to sleep better, stimulate the appetite, regulate constipation, prevent neuritis, premature aging, cracking of lips, loss of hair, atrophy of oil glands, and loss of weight, promote growth, strengthen vision, courage, and morale, restore color to graying hair, and reduce dark coloring in birthmarks and freckles, whereas, the article was not so effective; and, Section 403 (i), the article was fabricated from two or more ingredients and its label failed to bear the common or usual name of each such ingredient. The article was 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. 1131. DISPOSITION: September 20, 1943. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.