481. Adulteration and misbranding: of fortified cod-liver oil.     U. S. v. Seaboard
Supply Co., Inc.     Plea of nolo contendere.     Fine, $150.     (F. D. C. No. 2890.
Sample Nos. 1236-E, 14209-E, 78465-D.)
This veterinary product was found to be deficient in both vitamin D and
vitamin A.
On January 8, 1941, the United States attorney for the Eastern District of
Pennsylvania filed an"information against Seaboard Supply Co., Inc., a corpora-
tion, Philadelphia, Pa., alleging shipment within the period from on or about
January 2 to on or about March 28, 1940, from the State of Pennsylvania into
the States of West Virginia and Delaware of quantities of fortified cod-liver
oil that was adulterated and misbranded. The article was labeled in part:
"50 Lbs. Net Sea-Clo-400-D Highly Fortified Cod Liver Oil In Dry Base."
It was alleged to be adulterated in that its strength differed from, or its
quality fell below, that which it purported or was represented to possess since
it was represented to contain 400 units of vitamin D per gram, and approxi-
mately 1,000 units of vitamin A per gram; whereas it contained less than 400
units of vitamin D per gram, namely, less than 200 units of vitamin D per
gram, and materially less than 1,000 units of vitamin A per gram, namely, not
more than 500 units of vitamin A per gram.
It was alleged to be misbranded in that the statements, "In place of each
4? lbs. straight 85-D Oil use 1 lb. Sea-Clo-400-D. In place of each 1 lb.
Fortified 400-D Oil use 1 lb. Sea-Clo-400-D. For each 5 pints 85-D Oil used,
replace with 1 lb. Sea-Clo-400-D," and "Guaranteed to contain 400 A. O. A. C.
units of Vitamin D. per gram. When this product is packed it contains more
than 1,000 units of Vitamin 'A' per gram, but due to a difference of opinion of
our many authorities regarding the stability of Vitamin 'A' from Cod Liver
Oil when added to feeds, we are making no claim for it," appearing in the
labeling, were false and misleading since it contained less than 400 units of
vitamin D per gram and contained materially less than 1,000 units of vitamin A
per gram, and 1 pound of the article would not be equivalent in feeding value?\
or as a source of vitamin D and vitamin A to 4? pounds of straight 85-D
cod liver oil, or 1 pound of fortified 400-D cod liver oil or 5 pints of 85-D
cod liver oil.
The article was also charged to be adulterated and misbranded under the
provisions of the law applicable to foods, as reported in F. N. J. No. 2645.
On March 24, 1941, the defendant having entered a plea of nolo contendere,
the court imposed a fine of $150.