1208. Adulteration  and misbranding  of "Vitasol.    TJ.  S.  v.  Vitasol Corporation.
Plea of guilty. Fine of $500 on count 1. Sentence suspended on count
2, and defendant placed on probation for 2 years. (F. D. C. No. 7731.
Sample No. 69503-E.)
On April 3, 1943, the United States attorney for the Eastern District of New
York filed an information against the Vitasol Corporation, Brooklyn, N. Y.,
alleging shipment on or about July 15, 1941, from the State of New York into the
State of Connecticut of a quantity of Vitasol which was adulterated and mis-
branded.
The article was alleged to be adulterated in that its strength differed from and
its quality fell below that which it was represented to possess, since it was repre-
sented to contain approximately 1,000 U. S. P. units of vitamin A per ounce, or
40,000 per 2? pounds; 150 International Units of vitamin Bi per ounce, or 6,000
per 2J4 pounds; and 0.0067 gram of iron and 0.170 gram of phosphorus per ounce,
whereas it contained not more than 750 U. S. P. units of vitamin A per ounce, or
30,000 units per 2? pounds; 100 International Units of vitamin Bj per ounce, or
4,000 International Units per 234 pounds; and not more than 0.0015 gram of iron
and 0.1206 gram of phosphorus per ounce.
The article was alleged to be misbranded because of the following false and mis-
leading statements on its label, "Approximate Vitamin Contents in 2? Lbs. of
Vitasol   40,000 U. S. P. Units Vitamin A    6,000 International Units Vitamin Bi,"
?See also Nos. 1201, 1206.
and "Approximate composition of one ounce of Vitasol 1,000 U. S. P. Units
Vitamin A    150 International Units Vitamin Bi    *    *    *    Grams Per Ounce
*?*    *    Iron-0.0067    Phosphorus-0.170."
It was alleged to be misbranded further in that the statements, "Vitasol
*?*    *    Health Builder    *    *    *    Dedicated to the Betterment of Health
*?* * Vitamin A is vital to eyesight. Vitamins Bi, B2 (G) stimulates the
appetite, aids digestion. Vitamin C Favors good bone and tooth formation,
prevents scurvy. The 'Sunshine Vitamin D' is important to general health,
utilizes calcium and phosphorus in building strong teeth and bones. Organic
Iron helps increase red corpuscle growth. Yeast as an aid to good blood and
body functions. Dextrose for restoring energy. Soy Bean rich in protein
(strength food). * * * Vitasol * * * health builder * * * quick
revitalizing food for all active adults. Vitamins Vigor Vitality," borne on
the jar label, were misleading since they suggested that the article would prevent
scurvy; that impaired health, poor eyesight, poor appetite and digestion, poor
teeth and bones, general ill health, inadequate red corpuscle growth, poor func-
tioning of the blood and body, low energy, weakness, poor health, and lack of
vitality and vigor are frequently caused by lack of the vitamins and other sub-
stances named; and that the reader might reasonably expect that the article would
be efficacious in the prevention of scurvy and in conditions of impaired health
as described above, whereas the article would not prevent scurvy, the conditions
of impaired health as described are not frequently caused by lack of the vitamins
or other substances named in the labeling, but usually result from other causes,
and the reader might not reasonably expect the article to be efficacious to prevent
scurvy or better such conditions of impaired health.
The article was alleged to be misbranded further in that the statements,
"Vitasol * * * prepared to provide a wide variety of protecting food
elements (not available in the ordinary diet) essential to abundant vitality and
health," borne on the jar label, Were false and misleading since the article would
not provide a wide variety of protecting food elements that are not available
in the ordinary diet and are essential to abundant vitality and health.
The article was also alleged to be adulterated and misbranded under the
provisions of the law applicable to foods, as reported in the notices of judgment
on foods.
On April 22, 1943, the defendant having entered a plea of guilty to the 2 counts
of the information, the court imposed a fine of $500 on count 1. Sentence was
suspended on count 2, and the defendant was placed on probation for 2 years.