3625. Misbranding of vitamin and caffeine capsules.   U. S. v. 200 Cartons, etc.
(F. D. O. No. 30811.   Sample Nos. 28011-L, 28012-L, 28020-L.)
LIBEL FILED :   February 27, 1951, Northern District of California.
ALLEGED SHIPMENT : On or about January 12,1951, by the Preston Laboratories,
and or about January 26 and February 6,1951, by National Drug Laboratories,
Inc., from Chicago, 111.
PRODUCT : Vitamin and caffeine capsules. 200 cartons, each containing 28 vials;
2 fiber drums, each containing 104,000 capsules, and 1 fiber drum containing
102,500 capsules, at San Francisco, Calif., in possession of the Mapco Pharma-
cal Co., together with a number of vial and carton labels and other pieces of
literature.
RESULTS OF INVESTIGATION : The capsules were shipped in fiber drums from
Chicago to the Mapco Pharmacol Co., which repacked a number of the capsules
into vials. The vials then were packed into cartons and were offered for sale
with literature entitled "Are you suffering from T. F.? * * * Try Mapco
Anti-Fatigue Kaps   *    *    *    T.-F. (tired feeling)."
LABEL, IN PAST : (Drums) "Private Formula 104,000 Bulk Capsules [or "102.500
Capsules"] * * * Each Capsule Contains: Thiamin HC1 5 mg. (5 MDR)
Riboflavin 2.5 mg. (1? MDR) Niacinamide 10 mg. Vitamin B-12 (as in
Streptomyces Fermentation Extractives) 2.5 meg. Caffeine Citrate 2.5 gr.
* * *"; (vials) "25 Mapco Kaps. Anti-Fatigue Kaps for that tired feel-
ing * * * No Subsequent Depression * * * Dose: One capsule in the
morning and afternoon. This product contains those basic vitamins, the
lack of which often cause that 'tired' 'run down' feeling plus the blood
building Vitamin Bu and stimulating caffeine.
JMATTJBE OF CHARGE: Misbranding, Section 502 (f) (1), the labeling of the
capsules in the drums failed to bear adequate directions for use.   The cap-
sales were misbranded in this respect when introduced into and while in
interstate commerce.
Farther misbranding, Section 502 (a), the labeling of the capsules in the
vials, namely, the carton and vial labels and the above-mentioned literature,
was false and misleading. The labeling contained statements which repre-
sented and suggested that the capsules when taken as directed were effective
to relieve fatigue and that tired, run-down feeling; for blood building; and
to provide a quick pick-up with no subsequent depression. The capsules when
taken as directed were not effective for such purposes. The capsules were
misbranded in this respect while held for sale after shipment in interstate
commerce.
DISPOSITION: September 26, 1951. The Mapco Pharmacal Co. having filed a
claim in the case and subsequently having defaulted in taking any further
action, judgment of condemnation was entered and the court ordered that
the product be destroyed.