1357. Misbranding- of Adolphus proprietary remedies. U. S. v. 359 Cartons of
Broom Herb Laxative, 194 Boxes of Adolphus Peppermint, 8 Bottles of
Calcium Pantothenate, 71 Bottles of Adolphus Natural Organic Calcium
Tablets, 24 Bottles of Adolphus- Brand Calcium Tablets, 60 Bottles of
Adolphus Brand Soybean Lecithin, 104 Bottles of Adolphus Brand Wheat
Germ Oil, 60 Bottles of Adolphus Brand Improved B Complex, 240 Bottles
of Adolphus Brand Mineral Capsules, and 57 Bottles of Adolphus Brand
Tar Shampoo. Default decree of condemnation and destruction. (F. D. C.
No. 11598.    Sample Nos. 55529-F, 55530-F, 55532-F to 55538-F, incl., 55540-F.)
On January 12, 1944, the United States attorney for the Southern District of
California filed a libel against the above-mentioned products at Los Angeles,
Calif. On January 18,1944, an amendment to the libel was filed to cover a ship-
ment of 4 boxes of booklets and leaflets at Los Angeles, Calif. It was alleged
that the articles and the printed matter had been shipped on or about December
23,1943, by Adolphus Hohensee, from Seattle, Wash.
The Broom Herb Laxative, also known as "Ozolax," was labeled in part:
"Active All Herb Ingredients Senna Leaves, Buckthorn Bark, Licorice, Fennel
Seeds, Blue Century Flowers, Peppermint." The article was alleged to be
misbranded (1) in that certain statements in an accompanying booklet entitled
"Adolphus Messenger of Health, Success and Happiness" regarding the efficacy of
the article in building resistance against colds and sinus conditions and in
keeping the system sweet and clean were false and misleading since the article
would not be efficacious for such purposes; (2) in that its labeling failed to bear
adequate directions for use since the article was an irritant laxative and the
following of the directions in the booklet, which recommended that it be taken
once a week for effective cleansing and that 'in cases of constipation it would be
wise to use the article daily, might result in dependence upon laxatives to move
the bowels; and (3) in that the common or usual name of each active ingredient
was not placed on the label in such terms as to render it likely to be understood
by the ordinary individual under customary conditions of purchase and use, since
the statement, "Active All Herb Ingredients: Senna Leaves, Buckthorn Bark,
Licorice, Fennel Seeds, Blue Century Flowers, Peppermint," included not only
the names of the laxative ingredients but also the names of ingredients which
were not active for the reason that they did not contribute to the laxative effect
of the article.
The peppermint was alleged to be misbranded in that certain statements in
the accompanying booklets entitled "Nutritional Food Guide," "Adolphus Mes-
. senger of Health, Success and Happiness," and "The Health, Success and Hap-
piness Lectures 'The Normal Ration'," were false and misleading since they
represented and suggested that the article, when prepared as directed, would be
efficacious as an alkalizer and would dissolve fat, whereas the article would not
be effective for such purposes.
The calcium pantothenate was labeled in part: "Calcium Pantothenate with
Vitamin B-l Each Tablet Contains: 10 Mg. Calcium Pantothenate 333 USP
Units Vitamin B-l Plus B Complex Factors From Brewers' ?east." The article
was alleged to be misbranded in that certain statements on its label regarding
its efficacy in preventing and correcting premature graying of the hair were
false and misleading since the article would have no effect on the color of
gray hair.
The calcium tablets designated as "Natural Organic Calcium Tablets" were
labeled in part: "Each Tablet Contains Calcium-75 Milligrams Phosphorus-
38 Milligrams Vitamin D-100 U. S. P. XI Units." The other lot of calcium
tablets was labeled in part: "Adolphus Brand Calcium with Phosphorus and
Vitamin D." Both lots were alleged to be misbranded in that certain state-
ments in the accompanying booklet entitled "The Health, Success and Happiness
Lectures Arthritis and Rheumatism" were false and misleading since they
represented and suggested that the article would be efficacious in the preven-
tion of arthritis, rapid aging due to lack of calcium, mental deficiency, stunted
physical development, decayed teeth, acidity, nervousness, bad eyes, sleeplessness,
lack of pep, neuralgia, numbness of the skin, dislike for exertion, and melan-
cholia; that it would be efficacious in building bone, muscles, teeth, and per-
fect health; that it would aid the development of charm and magnetism,
strengthen the mental powers, and improve the nutrition of nerve tissue, and
especially heart tissue; that it would aid in the growth of hair; that it would
act on the bone and brain; and that it would act as an agent of life and growth.
The article would not be efficacious for such purposes. The "Natural Organic
Calcium Tablets" were alleged to be further misbranded in that the statements
in the labeling, "Calcium Tablets with Phosphorus," "As a dietary supplement
take two tablets with each meal," "Each Tablet Contains Calcium-75 Milli-
grams Phosphorus-38 Milligrams," and "Four tablets three times daily will
supply, with normal food intake, full adult requirements of Calcium & Phos-
phorus," were false and misleading since the article contained approximately
6 milligrams of calcium and 5 milligrams of phosphorus; four tablets three
times daily woula" not supply full adult requirements of calcium and phosphorus;
and the article would not supply, when taken in accordance with the directions
on the package, a significant amount of either calcium or phosphorus.
The soybean lecithin was labeled in part: "4 Grains Soybean Lecithin in 3
Minimum Soybean Oil with 150 U. S. P. Units Vitamin D, from Irradiated Ergo-
sterol." The article was alleged to be misbranded in that the statement, "The
ideal nerve and brain food," which appeared in the accompanying booklet
entitled "Nutritional Food Guide" and the accompanying order blank, was false
and misleading since the article was not an ideal nerve and brain food.
The wheat germ oil was alleged to be misbranded in that the accompanying
booklet entitled "Nutritional Food Guide" contained the following false and
misleading statements: "Muscles * * * Lack of 'E'-Weakness; partial
paralysis," and "Results of Mild Deficiency * * * 'E' Sterility disturb-
ance during pregnancy, impaired mentality." The article would not be effective
in the prevention of the diseases, conditions, and symptoms stated and implied.
The Improved B Complex Food Supplement was alleged to be misbranded
in that certain statements in the accompanying booklets entitled "Adolphus Mes-
senger of Health, Success and Happiness" and "Nutritional Food Guide" were
false and misleading Since they represented and suggested that the article would
be efficacious in the prevention of indigestion, poor appetite, fatigue, lack of
energy and pep, loss of weight, nervousness, inability to concentrate, difficulty
in relaxing, dry scalp skin, slow heart beat, disease of the muscular substance
of the heart, poor lactation, poor appetite, poor flow of digestive juices, con-
stipation, tendency to peptic ulcers, bone marrow degeneration, loss of muscular
tone, soreness and pain, spasms, general weakness, nervousness, neuritis, and
gastric and intestinal disturbances; and that it would be efficacious in the pro-
motion of perfect coordination, growth, healthy eyes, and normal skin and
morale.   The article would not be efficacious for such purposes.
The Adolphus Brand Mineral Capsules were alleged to be misbranded in that
the statement in an accompanying order blank, "Adolphus Mineral Cap-
sules * * * containing all the principal minerals needed in the human body,"
was false and misleading since the article, when taken in accordance with the
directions in the labeing, would not supply all of the principal minerals needed
in the human body, and since the amounts of calcium and phosphorus, two of
the principal minerals needed, which would be supplied by the article when taken
in accordance with the directions, were but a small fraction of the amounts
needed.
The Adolphus Brand Tar Shampoo was alleged to be misbranded in that
the statement on the order blank, "Adolphus Tar Shampoo For * * * dan-
druff, and falling hair," was false and misleading since the article wag not an
adequate remedy for dandruff and falling hair.
The articles, with the exceptions of the tar shampoo and the Broom Herb
Laxative, were alleged to be misbranded under the provisions of the law appli-
cable to foods, as reported in notices of judgment on foods, No. 7924.
On April 14, 1944, no claimant having appeared, judgment of condemnation
was entered and the products were ordered destroyed.