16377. Misbranding of Dina-Mite.    U. S. v. 100 Cases of Dina-Mite.    Default 
decree of condemnation, forfeiture, and destruction.     (F. & D. No.
23044.    I. S. No. 0711.    S. No. 1075.)
On September 5, 1928, the United States attorney for the District of Oregon, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for said district a libel praying seizure and condemnation 
of 100 cases of Dina-Mite, remaining in the original unbroken packages at 
Portland, Oreg., alleging that the article had been shipped by the Dina-Mite 
Food Co., from Spokane, Wash., on or about July 10, 1928, and trans- 
ported from the State of Washington into the State of Oregon and charging 
misbranding in violation of the food and drugs act as amended.
Analysis of a sample of the article by this department showed that it con- 
sisted essentially of wheat middlings, bran flakes, and cracked flax.
It was alleged in the libel that the article, considered as a food, was mis- 
branded in that the designations "Cereal" and "Whole Grains" were false 
and misleading and deceived and misled the purchaser, since the product con- 
tained bran and flax which are not cereals or whole grains; for the further 
reason that the statement " Net Weight 1% lbs. when packed," borne on the 
label, was false and misleading and deceived and misled the purchaser, since 
the quantity stated was not correct; for the further reason that the article was 
food in package form and the quantity of contents was not plainly and con-
spicuously marked on the outside of the package, since the statement made was 
not correct. Misbranding of the article, considered as a drag, was alleged for 
the further reason that the following statements regarding the curative and 
therapeutic effects of the article, borne on the labeling, were false and fraudu- 
lent, since the said article contained no ingredients or combination of ingredi- 
ents capable of producing the effects claimed: " Your diet is your health. Eat 
properly and disease cannot exist. The many foods we eat may fail to furnish 
a balanced ration. Nature demands certain things before she can do her work 
correctly and many every day foods now are so highly concentrated they fail 
to contain certain essential elements. The human body is a delicately adjusted, 
marvelously functioning machine which responds with 100% efficiency when 
the diet is right, but it loses momentum, decays, and dies before its time when! 
clogged with improper, over-rich food and burdened with faulty elimination. 
Feed your system-don't drug it. It has been said: ' Let me make the diet of 
a country, and I care not who shall prepare its medicine.' This is true because 
if the bodies of our growing children today get what Nature intended them to 
have they will have no need of medicines. * * * Health * * * The Foe 
of Constipation. * * * Healthful * * * Remember, the positive laxa- 
tive effect is Nature's own * * * Eat your way to Health * * * The 
Discoverer was a life-long sufferer from Indigestion and Constipation. Today 
he has real health-because stomach trouble can be cured by correct eating. 
The logical preventive and remedy is correct eating, which is merely the select- 
ing and balancing of your food at meals. * * * Dina-Mite is the regulator 
of perfect health. * * * Prominent physicians say at least 90% of the 
people are troubled with Constipation. Constipation causes the poisons of our 
system to be retained and eventually leads to other very serious diseases. Dina- 
Mite is a corrective for Constipation * * * Life-Giving Vitamines. * * * 
Its daily use gives the system of both young and old * * * those mysteri- 
ous matters called vitamines which Science has just discovered and without 
which the human system cannot function correctly. * * * Physicians recom- 
mend Dina-Mite."
On March 18, 1929, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
AKTHUE M. HYDE, Secretary of Agriculture.