1460. Adulteration and misbranding of Brewer Vitamin Concentrate Capsules.
TJ. S. v. 97 Boxes and 104 Boxes of Vitamin Capsules.   Decree of condem-
nation and destruction.    (F. D. C. No. 6092.    Sample No. 75735-E.)
On October 27, 1941, the United States attorney for the District of Maine filed
a libel against 97 boxes, each containing 100 capsules, and 104 boxes, each con-
taining 50 capsules, of vitamins at Waterville, Maine, alleging that the article
had been shipped on or about April 16, 1941, by Brewer & Co., Inc., from Worces-
ter, Mass. The article was labeled in part: "Brewer Vitamin Concentrate
Capsules Containing Vitamins A-B-D-G."
A vitamin assay of a sample showed that the article contained not more
than 700 U. S. P. units of vitamin D per capsule.
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: "Vitamin D
1,000 units   U. S. P. XI."
The article was alleged to be misbranded (1) in that the statement on its
label, "Vitamin D 1,000 units U. S. P. XI," was false; and (2) in that the
conspicuous declaration on the main display panel, "Containing vitamins * * *
G," was misleading in view of the fact that the article, when taken according
to the directions, "Average daily Dose 1 to 3 capsules," would furnish not more
than 8 percent of the minimum daily requirement for vitamin G.
The article was also alleged to be adulterated and misbranded under the
provisions of the law applicable to foods, as reported in notices of judgment on
foods, No. 8098..
On February 2, 1945, the sole intervener having withdrawn its claim and
answer, judgment of condemnation was entered and the product was ordered
destroyed.