691. Misbranding of Hi-V Vitamins capsules. IT. S. v. 48 Dozen and 24 Dozen
Cartons of Hi-V Vitamins. Consent decree of condemnation. Product
ordered released under bond to be relabeled. (F. D. C. No. 6927. Sample
No. 87506-E.)
The labeling of this product bore false and misleading claims regarding its
efficacy to restore and maintain health and prevent or correct disease conditions,
and represented that it contained all the vitamins essential in normal nutrition;
but it did not contain riboflavin or nicotinic acid, two substances whose absence
from the diet may be the cause of vitamin deficiency diseases.
On February 25, 1942, tfie United States attorney for the District of Maryland,
filed a libel against 72 dozen cartons of Hi-V Vitamins at Baltimore, Md., alleging
that the article had been shipped on or about January 19, 1942, by the Hi-V
Vitamin Corporation from New York, N. Y.; and charging that it was mis-
branded. It was labeled in part: "6250 U. S. P. Units Vitamin A (from fish liver
oils) 350 Int. Units Vitamin Bi (Thiamin chloride) 300 U. S. P. Units Vitamin C
(Ascorbic acid)   625 U. S. P. Units Vitamin D (Irradiated Ergosterol)."
The article was alleged to be misbranded in that statements in an accompany-
ing circular entitled "What You should know about Vitamins," representing,
suggesting, and creating in the mind of the reader the impression that health
could be assured by its consumption; that the average individual requires vita-
min supplements of the type that it supplied in order to obtain maximum health;
that the average individual is likely to be suffering from lack of vitality, lack of
energy, poor appetite, and impaired digestion because of inadequate vitamin
intake from his food; that its consumption as drected, in the majority of cases,
would prevent or correct the disease conditions resulting from inadequate vita-
min intake; and that it contained all the vitamins essential in normal nutrition,
were false and misleading since it would not fulfill the promises implied and it
did not contain riboflavin or nicotinic acid, two vitamins essential in normal
nutrition.
It also w;as alleged to be misbranded under the provisions of the law applicable
to foods, as reported in F. N. J. No. 3644.
On March 26, 1942, the Hi-V Vitamin Corporation having admitted the allega-   >
tions of the libel, judgment of condemnation was entered and the product was
ordered released under bond to be relabeled.   On the same date the product was
relabeled by removal from the carton of the circular entitled "What You should
know about Vitamins."