878. Adulteration and misbranding of "Be" Plex vitamin B-complex with min
erals and Iron. U. S. v. 14 Cases of "Be" Plex Vitamin B-Complex With
Minerals and  Iron.   Default decree of condemnation and destruction.
(F. D. C. No. 7523.   Sample No. 71436-E.)
On May 18, 1942, the United States attorney for the Eastern District of
Missouri filed a libel against 12 1-pint bottles of the above-named product at
St Louis, Mo. On November 7, 1942, the libel was amended to change the
amount to 14 cases, each containing 12 1-pint bottles, of the said product
It was alleged in the libel as amended that the article had been shipped in
interstate commerce on or about January 9, 1942, by the Hale Drug Co. from
Birmingham, Ala.; and charged that it was adulterated and misbranded.
Examination of the article showed that it contained not more than 25 percent
of the vitamin Bi content declared on the label.
The article was alleged to be adulterated in that its strength differed from
and its quality fell below that which it was represented on the label to possess,
namely, 660 International Units of vitamin Bi per fluid ounce.
It was alleged to be misbranded in that the following statements in the
labeling, "Valuable   (in cases of vitamin deficiency)   as an aid to promote
appetite and in protecting the body from nerve disorder," and "Indicated in
certain cases of retarded growth, constipation, migraine headaches, and helpful
promotion of greater vigor, functional digestion and wholesomeness of the
skin," were false and misleading in that they represented that the article was
valuable as an aid in promoting appetite and protecting the body from nerve
disorder, and was of value in retarded growth, constipation, and migraine head-
aches, and in promoting greater vigor, functional digestion, and wholesomeness
of the skin, whereas it would not be efficacious for such purposes.
The article was also alleged to be adulterated and misbranded under the pro-
visions of the law applicable to food reported in notices of judgment on foods.
On January 16, 1943, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.