1123. Misbranding of vitamin tablets.    V. S. v. 102 Bottles of Curley Cal-Pans
Vitamins and 102 Bottles of Curley Bu-T-Caps Vitamins. Default decree
of condemnation and destruction. (F. D. C. No. 10013. Sample Nos.
20488-F, 20489-F.)
On May 27, 1943, the United States attorney for the District of Massachusetts
filed a libel against 102 bottles of Curley Cal-Pans Vitamins and 102 bottles of
Curley Bu-T-Caps Vitamins, each bottle containing 30 tablets, at Boston, Mass.,
alleging that the articles had been shipped on or about April 21, 1943, from Phila-
delphia, Pa., by the Curley Distributing Co.; and charging that they were mis-
branded. The articles were labeled in part: (Cal-Pans) "Calcium Pantothenate
10 Mgm. each" ; (Bu-T-Caps) "Vitamin A . . . 5,000 USP Units Vitamin D
(Viosterol) . . . 1,000 USP Units Vitamin C (Ascorbic Acid) ... 500
USP Units Vitamin Bt (Thiamin Chloride) . . .500 USP Units Vitamin
B2 (Riboflavin) . . . 1,000 Gamma Vitamin B6 (Pyridoxine) ... 200
Gamma Calcium Pantothenate . . . 1,000 Gamma Nicotinic Acid . . .
20 Mgm."
The Cal-Pans Vitamins were alleged to be misbranded in that certain state-
ments appearing on a display card entitled "Does Gray Hair Worry You?" and
in circulars entitled "VITAMINS The Way to Health and Beauty," and "Big
Profits for Beauty Shops," were false and misleading since they represented and
suggested that the article was effective in preventing the graying of hair or in
restoring the natural color to gray hair, whereas it was not so effective.
The Bu-T-Caps Vitamins were alleged to be misbranded because of false
and misleading statements appearing on the display card and in the circulars,
which represented and suggested that the article was effective in insuring
good health, beauty, and good complexion, or in preventing and correcting
such disease conditions or abnormalities as poor teeth, retardation of growth,
skin lesions, dry and wrinkled skin, brittle nails, lifeless hair, loss of appetite,
liver and kidney ailments, susceptibility to infections, boils, abscesses, night
blindness, body malformation, fatigue, loss of appetite, alimentary tract dis-
functions and resultant anemia, neuritis, alcoholic neuritiF, beriberi and
pellagra, irritability and nervousness, palpitation and enlarged he-art, murmurs,
difficult breathing, malnutrition, retarded convalescence, frag'.lc bones, anemia,
scurvy, and rickets.
The articles were also alleged to be misbranded under iv-e provisions of
the law applicable to foods, as reported in the notices of juiginent on foods.
On July 26, 1943, no claimant having appeared, judgment of condemnation
was entered and the products were ordered destroyed.