1080. Misbranding of Vitality Vitamins.    TJ. S. v. 41 Cartons of Vitality Vitamins.
Default  decree  of condemnation  and destruction.     (F.   D.  C.  No.  9408.
Sample No. 13263-F.)
On March 13, 1943, the United States attorney for Western District of Wash-
ington filed a libel against 41 cartons, each containing 20 boxes of 7 capsules
each, of Vitality Vitamins at Seattle, Wash., alleging that the article had been
shipped on or about December 31, 1942, from Chicago, 111., by the Belmont
Laboratories; and charging that it was misbranded. The article was labeled
in part: "Vitality Vitamins Contain Vitamins A . Bi . D . G(B-i)."
The article was alleged to be misbranded in that certain statements on the
cartons and individual boxes and in a circular entitled "Know Your Vitamins,"
inserted in each carton, were false and misleading since they represented and
suggested that the article was efficacious in the correction or prevention of
lowered resistance, coughs, colds, retarded growth, loss of weight, eye diseases,
intestinal disorders, nervousness, constipation, slow heart rate, loss of appetite,
reduced well-being, dental decay, poor tooth development, rickets, and soft
bones, whereas the article was not so efficacious; and the said statements com-
pared the vitamin content of the article with that of eggs, milk, and bananas;
and, when read in connection with the statements in the labeling with respect
to the loss of vitamins from ordinary foods in the usual manner of preparation,
they created the impression that it is not practicable to obtain an adequate
amount of vitamins through the consumption of ordinary food as usually pre-
pared, whereas adequate amounts of vitamins can be obtained through the
consumption of ordinary food as usually prepared.
The article was also alleged to be misbranded under the provisions of the law
applicable to foods, as reported in the notices of judgment on foods.
On September 16,1943, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.