944. Misbranding   of   Formula   8-12   Vitamins-Minerals.    U.    S.   v.   30   Dozen
Bottles of Formula 8-12    Vitamins-Minerals.    Default decree of condem-
nation and destruction.    F. D. C. No. 9393.    Sample No. 32614-F.)
On February 24, 1943, the United States attorney for the Southern District
of Indiana filed a libel against 30 dozen bottles of the above-described product at
Indianapolis, Ind., alleging that the article had been shipped in interstate com-
merce within the period from on or about January 10 to 14,1943, by the Universal
Products Co. from Cleveland, Ohio; and charging that it was misbranded. ?The
article was labeled in part: "Fornrala 8-12 Vitamins-Minerals Contains Soy
Bean Meal, Wheat Embryo, Gum Karaya, Brewer's Yeast, Kaolin, Kelp, Activated
Ergosterol, Natural Vitamin A Ester, Thiamin Hydrochloride, Riboflavin, Dical-
cium Phosphate, Iron Bihydrogen, Potassium Iodide and Oil of Orange."
The article was alleged to be misbranded in that statements which appeared
on the label which represented and suggested that the article was of significant
nutritional value by reason of the presence therein of Vitamin E, Vitamin B9,
and other factors of the B complex as found in brewer's yeast and the elements,
potassium, sulfur, sodium, magnesium, copper, zinc, chlorine, and manganese
were false and misleading since the product was not of significant value by reason
of the presence therein of such vitamin factors and elements.
It was alleged to be misbranded further in that representations in the labeling
that consumption of the product would insure normal functioning of the brain,
eye, pituitary gland, parathyroid gland, thymus, heart, liver, and gall bladder,
stomach and digestive system, gastro-intestinal tract, pancreas, suprarenals and
adrenals, kidneys, bladder, gonads, prostate, nerves, arteries, veins, lymphatics
(blood and blood vessels), muscles, bones, and joints, ligaments, tendons, and mar-
row, pineal gland, the ear, eye, spinal cord, spleen, hair, skin, complexion, teeth and
gums, thymus, lungs, mammary gland, reproductive system (ovary, placenta,
prostate-gonads, etc), and the nails, and that the article would be efficacious in
the treatment or preventions of colds, infections of the lungs, formation of kidney
stones and infections, the formation of bladder stones, cystitis, and other bladder
infections, muscular spasms, cramps, exhaustion, inflammation, and paralysis,
ulcer of the eye, conjunctivits, cataracts, and night blindness, scaliness, dryness,
paleness of the skin and various skin sores, gum infections, scurvy, and loose
teeth, and would be efficacious to promote health, and cause the hair to be glossy
and healthy were false and misleading since consumption of the article would not
insure normal functioning of the various organs of the body as represented and
would not be efficacious in the treatment or prevention of the various disease
conditions mentioned and suggested.
The article was also alleged to be misbranded under the provisions of the law
applicable to foods reported in food notices of judgment.
On April 22, 1943, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.