88. Misbranding of Nova-Kelp. U. S. v. Johnstone Drug Sales Corp. and 
Frederick W. Clements. Pleas of nolo contendere. Fines of $250 
against each defendant. Payment of fine against corporation sus- 
pended.   (F. D. C. No. 24236.   Sample No. 39024-H.)
3EL FILED: March 17, 1948, Western District of New York, against the 
Johnstone Drug Sales Corp., Rochester, N. Y., and Frederick W. Clements 
president.
XEGED SHIPMENT:    Between the approximate dates of April 16, 1945, and
March 20,1947, from the State of New York into the State of Michigan.
BEL,  IN  PART:    "Nova-Kelp   *    *    *    A  Deep-Sea   Edible  Plant   *    *    *
Sole Owners and Distributors   Nova-Kelp Company, Ltd.,  Rochester, New
Fork."
LTUBE OF CHARGE:   Misbranding, Section 403 (a), the label statement "rich
in   *    *    *   Calcium, Copper, Sodium, Magnesium, Potassium, Phosphorus"
was false and misleading since the article was not rich in calcium, copper,
sodium, magnesium, potassium, and phosphorus.
Further misbranding, Section 403 (j), the article purported to be and was 
represented for special dietary uses by man by reason of its mineral properties 
with respect co iodine, iron, calcium, copper, sodium, magnesium, potassium, 
and phosphorus. Its label failed to bear as required by regulations a state- 
ment of the proportion of the minimum daily requirements for calcium, phos- 
phorus, iodine, and iron which would be supplied by the article when consumed 
in a specified quantity during a period of one day; and its label failed also 
to bear as required by regulations a statement of the quantity of copper, so- 
dium, magnesium, and potassium in a specified quantity of the article, which 
quantities are the amounts customarily and usually consumed during a period 
of one day, or quantities reasonably suitable for and practicable for con- 
sumption in such period.
DISPOSITION: August 9, 1948. Pleas of nolo contendere having been entered, 
the court imposed a fine of $250 against each defendant. Payment of the 
fine against the corporation was suspended.