2057. Misbranding of Alberty Vitamin-Mineral Capsules, Instant Alberty Food. Oxorin Tablets. Alberty's Regular Food, Alberty's Vegetable Compound Capsules, Alberty Vitaniin B Complex Tablets, Alberty's Vitamin Bj, Alberty's Vitamin A Shark Liver Oil, Ri-Co Tablets. Alberty's Phosphate Pellets, Reeal Calcium Tablets, Alberty's Lebara Pellets, Alberty's Sabi- nol, Alberty's Vi-C, Cbeno Combination Tablets, Cheno Herb Tea Laxa- tive, Cheno Preparation of Phytolacca Berry Juice, Alberty's Lebara No. 2 Pellets, Alberty Phospho B Tablets, and Alberty Calcium Pantothenate. XT. S. v. 6 Cartons of Alberty Vitamin-Mineral Capsules (and various quantities of similar products). Default decree of destruction. (F. D. C. No. 13345. Sample Nos. 81301-F to 81319-F, incl., 81338-F.) LIBEL FILED: On or about September 11, 1944, in the Western District of Missouri. ALLEGED SHIPMENT: Between the approximate dates of October 18. 1943, and August 21, 1944, by Alberty Food Products, from Hollywood, Calif. PRODUCT: 6 cartons of Alberty Vitamin-Mineral Capsults, 19 packages of Instant Alberty Food, 9 cartons of Oxorin Tablets, 7 cans of Alberty's Regular Food, 6 cartons of Alberty's Vegetable Compound Capsules, 31 bottles of Alberty Vitamin B Complex Tablets, 8 bottles of Alberty's Vitamin Bi, 6 boxes of Alberty's Vitamin A Shark Liver Oil, 7 bottles of Ri-Co Tablets, 28 bottles of Alberty's Phosphate Pellets, 13 bottles of Reeal Calcium Tablets, 9 bottles of Alberty's Lebara Pellets, 14 bottles of Alberty's Sabinol, 11 bottles of^ Alberty's Vi-C, 14 cartons of Cfieno Combination Tablets, 6 cartons of ChenM Herb Tea Laxative, 5 bottles of Cheno Preparation of Phytolacca Berry Juice?* 19 bottles of Alberty's Lebara No. 2 Pellets, 16 bottles of Alberty Phospho B Tablets, and 3 bottles of Alberty Calcium Pantothenate. - The labeling of the articles included copies of the following booklets and leaflets which accompanied the articles when introduced into, and while in, interstate commerce: "Health Mysteries," "Calcium The Staff of Life," "Happy Figures by the Cheno Plan," "Do You Know? Vitamin 'A'," "Are You Left Pepless and Pale by an Iron-Poor Diet?'.' "Help Yourself to a lot of New Vitality," "Check yourself for Plenty of B Vitamins," "The Alberty Diet," "Reduce! Streamline Your Figure," "Living Life to the Fullest," "Sleep Nights!" "Vitamin C," "So it's You again, is it? A gray hair," "Instant Alberty Food," "For a Lovely, Clear Complexion," and "Alberty's Vitamin A * * * Shark Liver Oil." Examination of samples disclosed that the Alberty Vitamin-Mineral Cap- sules consisted of two types of capsules, one of which contained vitamins, in- cluding, per capsule, 1 milligram of vitamin B3 and 610 U. S. P. Units of vitamin C; and the other contained inorganic compounds, including compounds of iron, iodine, calcium, phosphorus, and manganese ,with traces of copper, zinc, and magnesium. The Oxorin Tablets contained powdered iron and vegetable mat- ter, including a trace of ginger and proteinaceous matter. The Alberty's Reg- ular Food consisted of wheat and barley flours, with calcium phosphate added. Examination disclosed that the Alberty's Vegetable Compound Capsules con- sisted essentially of dried and powdered vegetables, including tomato/spinach, water cress, beet leaf, cauliflower, asparagus, lettuce, and celery; and that the inorganic constituents of the contents, per 9 capsules, included 2.1 milligrams of iron, 55.6 milligrams of calcium, and 24.9 milligrams of phosphorus. The Instant Alberty Food consisted of a mixture of wheat flour, barley flour, dried skim milk, and calcium phosphate; and the iron content was 0.0035 percent, equivalent to 1.9 milligrams of iron in 1.91 ounces, or 2.2 milligrams in 8 level tablespoonfuls (2.2 ounces). Examination disclosed that the Alberty Vitamin B Complex Tablets con- tained vitamins, including 500 U. S. P. Units of vitamin Bi, 0.668 milligram of vitamin B2. and 3.7 milligrams of niacin, per tablet. The Alberty's Vitamin Bi contained vitamins, including 200 International Units of vitamin Bi, 66 micrograms of vitamin B2, and not less than 425 micrograms of niacin, per tablet. The Alberty's Vitamin A Shark Liver Oil contained an oil which pos- sessed a potency of 26,800 U. S. P. Units of vitamin A per capsule. The Ri-Co Tablets consisted essentially of milk sugar, starch, and talc, with, a trace of phosphate; and the total phosphorus content was 0.012 milligram per tablet. The Alberty's Phosphate Pellets possessed essentially the composition declared upon the label, "Alberty's Phosphate Pellets Homeopathic Contains 1/1000 grain each of Phosphates, Iron, Potassium, Sodium, Calcium, and Magnesium per pellet." The Recal Calcium Tablets contained a calcium phosphate and plant material, including dulse; and 6 tablets yielded 608 milligrams of phos- phorus. The Alberty's Lebara Pellets had approximately the composition de- clared upon the label, "Contains Sodium Sulphate in Homeopathic amounts- 1/1000 grain per pellet." The Alberty's Sabinol consisted essentially of milk sugar, with a trace of vegetable tissues, and the total inorganic matter present was 0.18 percent. The Alberty's Vi-C contained 28.5 milligrams of ascorbic acid per tablet. The Cheno Combination Tablets contained compounds of calcium, phosphorus, iron and iodine, and the total amount of iodine in 12 tablets was 0.48 milligram. The Cheno Herb Tea Laxative consisted essentially of a large proportion of senna leaf with other plant materials, including kelp, peppermint leaf, fennel seed, coriander seed, sassafras bark, anise seed, licorice, and bean shells. The Cheno Preparation of Phytolacca Berry Juice contained a reddish- purple liquid, such as poke berry juice, and 18 percent of alcohol. The Alberty's Lebara No. 2 Pellets consisted essentially of milk sugar, with a possible trace of extracts of plant materials. Each Alberty Phospho B Tablet contained 40 International Units of vitamin Bi and 1/1000 grain each of phosphates of iron, potassium, sodium, calcium, and magnesium, and the total, per tablet, of in- organic matter was 0.3 milligram, and of phosphorus, 0.014 milligram. The Alberty Calcium Pantothenate consisted of tablets containing a calcium com- pound, such as calcium pantothenate. SATOBE OF CHARGE : Alberty Vitamin-Mineral Capsules, Oxorin Tablets, Alberty's Regular Food, and Alberty's Vegetable Compound Capsules. Misbranding, Section 502 (a), certain statements in the labeling of the articles were false and misleading since they represented and suggested that, when used in combi- t nation with the AlBerty diet, and singly or in combination with each other, the 1 articles would be efficacious to correct polyuria (excessive urine), and thirst and other symptoms in a majority of cases for those on a starch- and sugar-re- stricted diet; that theywould be efficacious to increase strength and vitality; and that they would be efficacious in the treatment of afflicted organs of the body, i.e., the liver, spleen, and pancreas, and the entire digestive tract. The articles would not be efficacious for the purposes claimed. Alberty Vitamin-Mineral Capsules. Further misbranding, Section 502 (a), certain statements in the labeling were false and misleading, since they repre- sented and suggested that the article would be efficacious in building strength and resistance to disease, preventing one becoming old before one's time, and preventing a haggard, "dopey" feeling and the feeling of being always tired, with no pep or energy. The article would not be efficacious for the purposes claimed. Oworin Tablets. Further misbranding. Section 502 (a), certain statements in the labeling were false and misleading since they represented and sug- gested that the article would be an adequate treatment for lowered resistance, low blood pressure with cold hands and feet, lack of pep, and chronic fatigue; that it would be an adequate treatment for persons who are often pale and easily fagged out; that it would be an adequate treatment for gas after eating; that it would insure robust buoyant health and stamina; that it would keep the digestive functions working at their best; that it would be efficacious in preventing the lowering of the natural resistance of the body; and that it would be efficacious in correcting the conditions implied in the expressions "living half-powered lives" and "weary, tired, run-down-just dragging your- self around with no ambition." The article would not be efficacious for the purposes claimed. Alberty's Regular Food. Further misbranding, Section 502 (a), certain state- ments in the labeling were false and misleading since they represented and suggested that the article would be efficacious to supply new vitality, relieve stomach distress, improve looks, give strength and vitality to the weak, put \ added flesh on the undernourished, and give rest to the overworked stomach; that the article would be an adequate treatment for intestinal ulcers and for people who can no longer digest and assimilate a regular diet; and that the article would be an adequate treatment for eczema, mucus colitis, and diarrhea. The article would not be efficacious for the purposes claimed. Alberty's Vegetable Compound Capsules. Further misbranding, Section 502 (a), certain statements in the labeling were false and misleading since they represented and suggested that the article, when used singly and in combination with Alberty's Regular Food and Oworin Tablets, would be efficacious to insure keeping the digestive functions working at their best and in preventing the lowering of the natural resistance. The article would not be efficacious for the purposes claimed. Instant Alberty Food. Misbranding, Section 502 (a), certain statements in the labeling were false and misleading since they represented and suggested that the article would be efficacious to insure strong healthy bodies and to increase the assimilation of food and thereby lessen the burden on weakened organs which have the duty to regulate sugar digestion; that use of the article would result in increased pep and stamina and correct and prevent pale, weak, undernourished, thin, and scrawny bodies. The article would not be efficacious for the purposes claimed. Alberty Vitamin B Complex Tablets. Misbranding, Section 502 (a), cer- tain statements in the labeling were misleading since they represented, sug- gested, and implied that "let-down," "dragged-out," "all-in," and tired nervous symptoms, low intestinal activity and lack of general well-being, lack of "pep" and stamina, poor health, poor eyesight, skin disease, nervous disorders, lack of growth, poor appetite and improper digestion, unsound nerves, sluggish . intestinal activity, constipation, flatulence, headaches, dyspepsia, chronic fatigue and other characteristics of middle and old age, lack of tone in the digestive tract, neuritis, and arthritis commonly and usually result from lack of vitamin B complex; and that the reader might reasonably "expect that con- sumption of the article would correct the stated conditions and abnormalities. A The stated conditions and abnormalities commonly and usually result fromf causes other than lack of vitamin B complex, and the user could not reasonably expect that consumption of the article would correct the conditions and abnor- malities, in that it would not ordinarily be efficacious for such purposes. Alberty's Vitamin Bi. Misbranding, Section 502 (a), certain statements in the labeling were false and misleading since they represented and implied that the article was necessary for proper digestion, sound nerves, good intestinal activity, and regular elimination; that it would stimulate without that "after- feeling of let-down," make the day's task easier, and maintain the tone of the digestive tract; that it was essential for growth, appetite, life, health, proper digestion, sound nerves, good intestinal activity, and elimination ; that it would be efficacious in the treatment of nervousness, sleeplessness, absence of appetite, vomiting in pregnancy, gastrointestinal malfunction, lactation, retarded growth in children, diabetes, chronic arthritis, anemia, alcoholic neuritis, beriberi, and over-activity of the thyroid gland; that it was a muscle toner; that it was essential for well-being in all ages and would prevent premature old age; that use of the article would result in less fatigue at the end of the day and improved eyesight; that its use would be beneficial in the treatment of skin diseases, nervous disorders, and other deficiency ailments; and that the article would be efficacious in the treatment of constipation, flatulence, headaches, dyspepsia, lack of stamina, and chronic fatigue. The article would not be efficacious for the purposes claimed. ATberty's Vitamin A SharJc Liver Oil. Misbranding, Section 502 (a), certain statements and designs in the labeling were false and misleading since they represented and suggested that the article was essential for the eyes, ears, nose, throat, skin, and lungs, and for growth and reproduction; that it would relieve tired aching eyes; that it would be efficacious in the prevention and treatment of dry skin or skin eruptions on the body, night blindness, slow reaction of eyes to a change of light, eye strain, susceptibility to colds, chil- dren's diseases, retarded growth or impairment of healthy development of teeth and bones, poor eyesight, lack of energy, sterility, eczema, and an inflamed membrane lining of various parts of the body; and that it would be efficacious to prevent kidney stones. The article would not be efficacious for the purposes claimed. Ri-Co Tablets. Misbranding, Section 502 (a), certain statements in the labeling were false and misleading since they represented and implied that the article would be efficacious in the treatment of arthritis, rheumatism, and rheumatic gout. The article would not be efficacious for those conditions. Alberty's Phosphate Pellets. Misbranding, Section 502 (a), certain state- ments in the labeling were false and misleading since they represented and implied that the article would be-efficacious in the treatment of nervousness, neurasthenia, nervous debility, nerve exhaustion, loss of memory, sleeplessness, high blood pressure symptoms, loss of energy, despondency, trembling or aching limbs, constipation, loss of stamina, and many other conditions; that use of the article would result in sound and more restful sleep, renewed strength and vitality, and stronger powers of digestion and assimilation; and that the article would have a soothing, beneficial effect on the nerve tissues and would act as a tonic to the blood and the entire body. The article would not be efficacious for the purposes claimed. Recal Calcium Tablets. Misbranding, Section 502 (a), certain statements in the labeling were false and misleading since they represented and implied that the article would be efficacious in the treatment of poor teeth and bones, rickets, nervousness, lack of energy, and signs of early aging; and that it was the equivalent of milk and could be used as a substitute for milk. The article was not the equivalent of milk, and it would not be efficacious for the purposes claimed. Alberty's Lebara Pellets. Misbranding, Section 502 (a), certain statements in the labeling were false and misleading since they represented and implied that the article would assure the user of a lovely clear complexion and bright clear eyes sparkling with appeal; that it would aid in better liver function, increase the flow of bile from the liver, and encourage the elimination of waste products and toxic poisons; that it would be efficacious in the treatment of biliousness, intestinal indigestion, toxemia, acidosis, rheumatism, skin dis- . orders, mucus colitis, neuritis, kidney involvement, asthma, inflammation of ) the gall bladder, headache, bad taste in the mouth, coated tongue, spots before the eyes, bearing down pains in the small of the back, and constipation of hepatic origin; and that it would prevent ill health, weaknesses, and premature old age. The article would not be efficacious for the purposes claimed. Alberty's Sabinol. Misbranding, Section 502 (a), certain statements in the labeling were false and misleading since they represented and implied that the article would be efficacious in the treatment and prevention of a dull achy feeling across the back, sharp pains in the kidneys, dark circles beneath the eyes and puffiness, spots before the eyes, swelling in the feet, ankles, and lower limbs, and frequent urination during the night. The article would not be effi- cacious for the purposes claimed. Alberty's Vi-C. Misbranding, Section 502 (a), certain statements in the labeling were misleading, since the statements represented, suggested, and implied that poor teeth, unhealthy gums, weak bones, flabby muscles, lack of stamina and resistance, impaired healing capacity, neuritis, rheumatism, arthritis, subnormal rate of growth, tendency to bleed easily, anemia, lowered resistance to infection, skin lesions or red spots on the skin, low blood pressure, weakness, fatigue, palpitation of the heart, breathlessness, tooth decay, gingi- vitis, capillary weakness, weak bones, bad breath, rheumatic pains, slight edema, intestinal disturbance and hematuria, leg and feet cramps, pyorrhea, slow blood coagulation, ulcers, allergy, and diabetes commonly and usually result from lack of vitamin C; and that the reader might reasonably expect that consumption of the article would correct the conditions and abnormalities mentioned, whereas said conditions and abnormalities commonly and usually result from causes other than lack of vitamin C. The reader might not reason- ably expect that consumption of the article would correct said conditions and abnormalities, since it would not ordinarily be efficacious for such purposes. Cheno Combination Tablets, Cheno Herb Tea Laxative, and Cheno Prepara- tion of Phytolacca Berry Juice. Misbranding, Section 502 (a). These articles . were alleged to be misbranded in that certain statements and designs in their labeling were false and misleading since those statements represented and Implied that the articles, singly or in combination, would be effective in reduc- , ing the weight of the consumer; and that the Cheno Herb Tea Laxative was \ harmless and free-from habit-forming drugs. The articles, singly or in com- bination, would not be effective in reducing the weight of the consumer; and the Cheno Herb Tea Laxative was not harmless and" free from habit-forming drugs, but contained senna, a drug which may be habit-forming, since frequent or continued use of it may result in dependence upon laxatives to move the bowels. Further misbranding, Cheno Herb Tea Laxative, Section 502 (f) (2), the labeling failed to bear adequate warnings, since the statement upon the carton, "Laxatives used over prolonged periods may tend to create habit. Do not take in cases of nausea, vomiting, acute abdominal pains, appendicitis," did not warn the purchasers that abdominal pain which is not acute may be indicative of appendicitis, and a contra-indication for use of the article, or that frequent and continued use of the article might result in dependence upon laxatives to move the bowels; and, Section 502 (c) the information required by law to appear upon the label, i. e., the active ingredients, was not placed thereon in such terms as to render it likely to be understood by the ordinary individual under customary conditions of purchase and use, since the statement upon the label, "Contains: Senna Leaves, Kelp, Licorice Root, Peppermint, Fennel, Anise, Coriander, Sassafras, Ivy Leaves, Ononis, Chick Weed, Black Alder Bark,-Beanshells," did not clearly indicate which of the ingredients were therapeutically active. Alberty's Lebara No. 2 Pellets. Misbranding, Section 502 (a), eertain state- ments in the labeling were false and misleading since they represented and implied that the article would assure the user of a lovely clear complexion, bright eyes, and greater zest and vim; that it would be efficacious in the treat- ment of intestinal indigestion, toxemia, biliousness, acidosis, rheumatism, skin disorders, mucus colitis, neuritis, kidney involvement, asthma, and inflamma- tion of the gall bladder; and that it would be efficacious to prevent ill health, weaknesses, and premature old age. The article would not be efficacious for the purposes claimed. Alberty Phospho B Tablets. Misbranding, Section 502 (a), certain state- ments and designs in the labeling were false and misleading since they repre-,d sented and suggested that the article would be efficacious in the treatment of