570. Adulteration and misbranding of Bio Vita Vitamin Oil.    U. S. v. 23 Gallon
Cans of Bio Vita Vitamin Oil.   Default decree of condemnation and destruc-
tion.    (F. D. C. No. 4378.   Sample No. 60505-E.)
This veterinary product, in addition to containing a smaller amount of vitamin
D than that represented in the labeling, also contained false and misleading
therapeutic claims.
On April 21, 1941, the United States attorney for the District of Massachusetts
filed a libel against the above-named product at Lexington, Mass., alleging that
it had been shipped by Bioproducts, Inc., from Astoria, Oreg., on or about February
11,1941; and charging that it was adulterated and misbranded.
Biological examination of a sample of the article showed that it contained
not more than 175 U. S. P. units of vitamin D per gram.
The article was alleged to be adulterated in that its strength differed from, or
its purity or quality fell below, that which it purported or was represented to
possess.
It was alleged to be misbranded in that the following statements on the label
were false and misleading since it would not be efficacious for such purposes: "250
USPXI Units Vitamin D per gram * * * Vitamin A is important to good fur,
to build resistance to respiratory diseases, to insure good breeding, to promote
growth, to prevent urinary calculi.   Aids in maintaining good skin condition."
The article was also alleged to be adulterated and misbranded under the provi-
sions of the law applicable to foods, as reported in F. N. J. No. 29S7.
- On July 8, 1941, no claimant having appeared, judgment of condemnation was
entered and the product was ordered destroyed.