17898. Alleged misbranding of Aminex amino acid tablets. U.S. v. 51 Packages
* * *. (F. D. C. No.19401. Sample No.14051-H.)
LIBEL FILED : March 13, 1946, Southern District of Ohio; amended libel filed
on or about October 22, 1947.
ALLEGED SHIPMENT: Between the approximate dates of January 6 and February
1, 1946, by Nutritional Enterprises, from Chicago, Ill.
PRODUCT: 51 packages of Aminex amino acid tablets at Cincinnati, Ohio.
NATURE OF CHARGE: Misbranding, Section 403 (a), the designation "Aminex
Amino Acid Tablets" and the names of individual amino acids appearing upon
the labeling of the article were misleading since the designation and names
represented and suggested that the article when taken in accordance with the
directions upon its labeling, namely, "Directions: For Use as a dietary supplement,
one to three tablets a day," would supply nutritionally significant
amounts of amino acids, whereas the article would not supply nutritionally
significant amounts of amino acids when taken as directed; and the labeling
statement "Inasmuch as the daily minimum requirements of the Amino Acids
are not established" was misleading since there is adequate evidence to
establish that the requirement for amino acids to maintain normal nutrition
of man is far in excess of the quantities that would be provided by the product
when taken .as directed.
The libel alleged also that certain other articles were misbranded under.the
provisions of t:O.e law applicable to drugs, as reported in notices of judgment
on drugs and devices, No. 3649.
DISPOSITION: Lelord Kordel appeared as claimant and filed exception, seeking
dismissal of the libel. Thereafter, on February 18, 1952, following preliminary
proceedings involving the other products, and upon stipulation by the
parties that the case presented no question for adjudication for the reason
that all of the products under seizure had deteriorated and become unmarketable,
and with the consent of the parties and without any finding on any
issue of fact or law, the court ordered that the products be destroyed.