21350. Misbranding of Super-5 Food Tabs. U. S. v. 3 Cases, etc. (F. D. C. No. 30771. Sample No. 5339-L.) LIBEL FILED : March 12, 1951, District of Massachusetts. ALLEGED SHIPMENT: On or about January 11, 1951, by Universal Nutritions, Inc., from Great Neck, Long Island, N. Y. PRODUCT: Super-5 Food Tabs. 3 cases, each containing 24 100-tablet bottles, and 38 400-tablet bottles, at Wollaston, Mass. LABEL IN PART: (Bottle) "Tablets Super-5 * * * Brand of Food Tabs Each tab contains 11 grains of a mixture of the following dried and com- pressed: Brewer's Yeast Powder, Pure Wheat Germ, Blackstrap Molasses, Skim Milk Powder, Fresh Yogurt." NATURE OF CHARGE : Misbranding, Section 403 (a), the label statements "Super- 5 * * * Food Tabs * * * Brewer's Yeast Powder, Pure Wheat Germ, Blackstrap Molasses, Skim Milk Powder, Fresh Yogurt This food is de- signed for those who wish to add the ingredients listed to their daily diet" were false and misleading. The statements represented and suggested that the article, when used as recommended, namely, "4 tabs or more with each meal," would supply nutritionally significant amounts of the declared ingredi- ents, whereas the article, when used as recommended, would not supply nutritionally significant amounts of the declared ingredients. that the product was misbranded as alleged in the libel. Thereafter, on May 10, 1951, on motion of the claimant, the case was removed for trial in the Eastern District of New York. The claimant subsequently withdrew its answer, and on June 16, 1954, the court entered a decree of condemnation and destruction. INDEX TO NOTICES OF JUDGMENT F. N. J. NOS. 21301 TO 21350 PRODUCTS N. J. No. Anchovies, olives stuffed with__ 21325 Anchovy fillets, canned 21325 B-Livron tablets 21348 Bakery products 21307-21309 Beans, mung, dried 21334 Beverages and beverage materials * 21301-21303,21339 Blackberry jelly and blackberry preserves 21333 Black-eyed peas, canned 21336 Blueberry muffin mix 21317 Brandy * 21301 Bread 21308 Brownie mix 21317 Butter 21318,21319 Cakes and cookies 21307,21309 Candy 21304,21305 Cereals and cereal prod- ucts 21307-21317 Cheese 21320-21322 Coffee, green 21302,21303 Cookies. See Cakes and cookies. Cornmeal 21311 Crabmeat 21328, 21329 Crackers, graham, and soda 21309 Dairy products 21318-21324 Doughnut mix 21312 Enriched flour 21313 Fish and shellfish 21325-21330 Flavors. See Spices, flavors, and seasoning materials. Flood-damaged distilled spirits- 121301 Flour 21310-21313 Fruits and vegetables 2 21331-21339 fruit, dried 21331,21332 jam, jelly, and preserves— 21333 tomatoes and tomato products 2 21337-21339 vegetables 21334-21336 N. J. No. Gin * 21301 Graham crackers 21309 Grape jam 21333 Haddock fillets, frozen 21326 Jam, jelly, and preserves 21333 Jelly. See Jam, jelly, and preserves. Kelp tablets, Pacific 21349 Macaroni and noodle products- 21311 Milk, evaporated, and skimmed evaporated milk 21323 nonfat solids, dry 21324 Mix, brownie 21317 doughnut 21312 muffin, blueberry 21317 Muffin mix, blueberry 21317 Mung beans, dried 21334 Mustard seed 21347 Nuts and nut products- 21340-21342 Oats (in packages) 21311,21317 Olives with anchovies 21325 pimento 21335 Pacific kelp tablets 21349 Peas, black-eyed, canned 21336 Pecan meats 21340,21341 Pepper, black, and white pepper_ 21346 Poultry 21343-21345 Preserves. See Jam, jelly, and preserves. Raisins 21331,21332 Rice 31314-21316 Rum 121301 Shellfish. See Fish and shellfish. Shrimp, canned 21330 Sirup, sorghum 3 21306 Sorghum sirup 8 21306 Spaghetti. See Macaroni and noodle products. 1 (21301) Seizure contested. Contains opinion of the court. 9 (21337) Seizure contested. 3 (21306), Prosecution contested.