945. Misbranding of Vita Malt with Natura Calcium Compound. II. S. v. 51
Combination Packages of Vita Malt with Natura Calcium Compound.
Default decree of condemnation and destruction. (F. D. C. No. 5226.
Sample No. 60296-E.)
These articles were represented as being effective in reducing body weight and
as valuable in the treatment of a wide variety of pathological conditions.
On July 30, 1941, the United States attorney for the Western District of Wash-
ington filed a libel against 51 combination packages of Vita Malt with Natura
Calcium Compound, alleging shipment on or about May 23,1941, from Los Angeles,
Calif., to Olympia, Wash., by the Natura Remedy Co., Los Angeles, Calif. In each
combination package were articles labeled in part: (Bottle) "Vita Malt Contains
Vitamins," (package) "Natura Calcium Compound," (circular) "Do you know
that Vitamins Build Health," and (leaflet) "Now You can Reduce Safely."
Analysis of a sample of Vita Malt showed that it was essentially a malt extract,
with small amounts of saponifiable oils, water, and sodium benzoate.
It was alleged to be misbranded in that the statements on the label representing
and suggesting that it would be effective in reducing body weight were false and
misleading, since it was not effective for this purpose. It was alleged to be mis-
branded further in that the statements in the labeling representing and suggest-
ing that it would be of value in the treatment of a variety of pathological condi-
tions such as anemia, nervousness, sleeplessness, glandular disturbances, lack of
appetite, infections, rheumatism, neuritis, and arthritis were false and misleading
since it would be of no value in the treatment of such pathological conditions.
Analysis of a sample of "Natura Calcium Compound" showed that it was a
mixture of sodium bicarbonate and calcium salts.
The article was alleged to be misbranded in that it was offered as effective in
the treatment of colds and grip, whereas it would not be effective for this purpose.
The Vita Malt was also alleged to be misbranded under the provisions of the
law applicable to food, as reported in food notices of judgment.
On December .1, 1941, the Natura Remedy Co. having intervened and petitioned
for removal of the case, the court entered an order removing it to the Southern
District of California. The Government thereupon filed a motion to remand
the case to the Western District of Washington on the ground that the parties
had stipulated for transfer to the Northern District of California and that the
Southern District of California had no jurisdiction. On March 24, 1942, the
Government's motion to remand the case was denied by the court without opin-
ion. On October 13, 1942, the petition of intervention and answer of the Natura
Remedy Co. having been withdrawn, a default judgment of condemnation was
entered and the product was ordered destroyed.