10900. Misbranding of Rosell Institute's Original Yogurt Culture. U. S. v. IS 
Packages    *    *    *, and a number of circulars and leaflets.     (F. D. C.
No. 18694.    Sample No. 36947-H.)
LIBEL FILED :   January 3,1946, Western District of Washington.
ALLEGED SHIPMENT: By International Yogurt Co., from Beverly Hills, Calif. 
The product was shipped on or about November 3,1945, and the circulars were 
enclosed in the shipping cases with the product. A portion of the leaflets was 
received by the consignee during the month of October 1944, and a portion was 
received subsequent to that date.
PRODUCT: 18 packages of Rosell Institute's Original Yogurt Culture, and 200 
circulars entitled "Yogurt Culture A Health Aid" and about 500 leaflets en- 
titled "Keep Young With Bosell Institute Yogurt Culture," at Seattle, Wash. 
Examination of the product showed that it was a culture of viable lactobacilli, 
as represented in the labeling.
NATURE OF CHARGE: Misbranding, Section 403 (a), certain statements in the 
circulars and leaflets which accompanied the article were false and misleading 
since they represented and suggested that milk cultured with the article would 
enable the consumer to enjoy better than average health, to retain beauty for 
a long time, and to keep the spirit of youth for many years; that it would 
greatly aid health and vitality, prolong life, prevent dysfunction of the vital 
organs, particularly the gastrointestinal tract, prevent premature old age, and 
fight unfriendly microbes; and that it constituted an adequate treatment for 
chronic constipation, colitis, ulcers, and allied intestinal conditions. The article 
would not be effective for such purposes.
The article was alleged also to be misbranded under the provisions of the 
law applicable to drugs, as reported in notices of judgment on drugs and devices, 
No. 2093.
DISPOSITION : March 25, 1946. No claimant having appeared, judgment of con- 
demnation was entered and the product was ordered destroyed.