7840. Adulteration of "Vinol.    V. S.    *    *    *    v. 539 Cases of a Drug- Labeled
in Part " Vinol." Consent decree of release of part of the article 
for export ' and of condemnation and forfeit ire,of the, remainder.
Product released on bpnd, (P. & IX No. 9532. A I. S. fvfos. 14257-r, 
14258-r,  1425&-r,  14277-r,  14288-r.     S.  No.,,E-1140.)
On December 23, 1918, the United States attorney for the Southern District 
of New York, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel ifor the) seizure and 
condemnation of 539 cases of a drug, labeled in part " Vinoll," remaining unsold 
in the original unbroken packages at New York, Ni Y., alleging that the article 
had been shipped on November 7, and November 22, 1917, August 8, 1918, July 
8, 1918, and March 13, 1018, by Frederick Stearns & Co., "Detroit, Mich., and 
transported from the State of Michigan into the State of New York, and charg- 
ing misbranding in violation of the Food and Drugs Act," as amended. The 
article was labeled in part, "Vinol * * * for the restoration of force in 
man * * * reconstructor for sick * * * nervous persons ^* * * and 
for nursing mothers * * * General Debility: For the Treatment of 
Chronic or Simple Catarrhs, Cough and Bronchitis, Chronic Bronchitis, Pul- 
monary   Tuberculosis,   Pulmonary   Debility,   Incipient   Tuberculosis    *    *    *
1 Released under the proviso in section 2 of the act as an article intended for export to 
foreign countries, and as having been prepared according to the specifications of foreign 
purchasers.
Delicate Children, Restless sleep * * * Rickets, Scant and Impure Blood, 
Wasting    *?    *    *."
Analyses of samples of the article by the Bureau of Chemistry of this depart- 
ment showed that it consisted essentially of sherry wine containing protein 
matter, organic iron (iron peptonate), citrate of iron and ammonium, salicy- 
lates, phosphates, and probably glycerophosphates of sodium, potassium and 
calcium, and sodium ehlorid.
Misbranding of the article was alleged in the libel in that the statements in 
a foreign language and in English on the labels on the bottles containing, and 
on the cartons enclosing, and in the circulars accompanying the article, regard- 
ing the therapeutic and curative effects of the article, in part, to wit, 
" Vinol * * * for the restoration of force in man * * :;- reconstructor 
for sick * * * nervous persons * * * and for nursing mothers * * * 
General Debility * *- * for the upbuilding of wasted human strength and 
vitality * * * to tone up the whole organism 'and for the treatment of 
pulmonary and bronchial affections *? * * For the Treatment of Chronic 
or Simple Catarrhs, Cough and Bronchitis, Chronic Bronchitis, Pulmonary 
Tuberculosis, Pulmonary Debility, Incipient Tuberculosis * ' ??' * Delicate 
Children, Restless Sleep * * * Eickcts, Scant and Impure Blood, Wast- 
ing * * t* the medicinal and restorative "elements of cod liver oil * * * 
using in place of cod liver oil, its exti'act, combining the,medicinal elements
* * * such a thing takes place with * * * ' Vinol.' * * '- espe- 
cially recommended for delicate children, lack of spirit, indigestion, physical 
exhaustion, general weakness, obstinate cold and bronchitis, chronic cough and 
cold, pulmonary phthisis, chronic weakness, incipient phthisis, cold in lungs, 
delicacy and nervousness, delicate children, restless sleep, toning up of the 
stomach * * * twofold benefit on old people by regulating the stomach 
and giving them new strength, the best reconstructive agent for impaired 
strength and vitality of the human body * * * all the curative qualities 
of this remedy * ' * * weak lungs, consumption, cures and strengthens the 
diseased parts and the inflamed tissue of the lungs, invigorates' the sufferer's 
system and gives him strength to conquer the disease * * * it possesses 
the necessary qualities to replace debility with new strength, goes to the root 
of the disease, enriches the blood and gives force to all the muscles, nerves 
and    organs    of   ithe   body   *    *    *    Debilitated    Women   *    *    *   women
* * * become more tifed, weak, thin, nervous and without vitality * * * 
exert themselves bevond their power and these efforts become visible in diseases 
of the stomach, anq; in many cases in the form of some terrible female ill, which 
every woman is anxious to avoid. When in these conditions * * * should 
try Vinol," were false and fraudulent in that the article contained wine, pro- 
tein matter, iron in organic combination, such as a peptonate and ammonium 
citrate and phosphates, probably glycerophosphates of calcium, sodium, and 
potassium, with a, little sodium ehlorid; the article contained no ingredient 
or combination of ingredients capable of producing the curative and therapeutic 
effects claimed for it in the above statements. It was further misbranded in 
that the statements on the circular accompanying the article regarding the 
article, to wit, " yiuol * * * the medicinal and restorative elements of 
cod liver oil * * * using in place of cod liver oil, its extract, containing 
its medicinal elements * * * such a thing takes place with * * * 
Vinol," were false and misleading in that the article did not possess the quali- 
ties ?claimed for it in the above statements. Misbranding was further alleged 
in the libel as to some of the shipments in that the article making up these 
shipments contained alcohol, and no label affixed to the bottle containing the 
article had stated on it the quantity or proportion of the alcohol in the article.
273
On May 28, 1919, Chester Ken! & Co. (Inc.), claimant, having consented to a 
decree, judgment ordering the release of part of the article for export and of 
condemnation and forfeiture of the remainder was entered, and it was ordered 
by the court that this remainder of the product be released to the claimant upon 
the payment of the costs of the pioceeduigs and the execution of a bond, in 
conformity wish section 10 of the act.
E. D. BALL, Acting Secretary of Agriculture.