18051. Adulteration and Misbranding of Vitalex. TJf S. v. 358 Dozen Paelc- 
ages of Vitalex. Decree of condemnation and forfeiture. Product 
released nnder bond.     (P. D. No. 25950.    I.  S. No. 8979.    S. No. 4180.)
Examination of a drug product, known as Vitalex, from the shipment herein 
described having shown that it was represented as containing vitamiu D, 
whereas it was worthless as a source of vitamin D, the Secretary of Agriculture 
reported the matter to the United States attorney for the District of Maryland.
On or about February 24, 19S1, the United States attorney filed in the 
District Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of 358 dozen packages of Vitalex at Baltimore. Md., 
alleging that the article had been shipped from Buffalo, N. Y., on or about 
February 18, 1931, via the Universal Carloading & Distributing Co., and had 
been transported from the State of New York into the State of Maryland, and 
charging adulteration and misbranding in violation of the food and drugs act. 
The article was labeled in part: " To which are added Vitamins   *    *    *    D."
Analysis of a sample of the article by this department showed that it con- 
sisted essentially of caffeine, salicylic acid, benzoic acid, extracts of plant drugs 
including glycyrrhiza, senna, aloe, and wild cherry, a small proportion of 
strychnine, alcohol, water, and flavoring oils. Biological examination showed 
that the article was worthless as a source of Vitamin D.
It was alleged in the libel that the article was adulterated in that its strength 
fell below the professed standard or quality under which it was sold, in that 
it contained n6 vitamin D.
Misbranding was alleged for the reason that the statement, " To which are 
added Vitamins * * * D," appearing on the carton, was false and mis- 
leading.
On April 10, 1931, the Chemicals & Drugs (Inc.), Baltimore, Md., having 
appeared as claimant for the property, judgment of condemnation and for- 
feiture was entered, and it was ordered by the court that the product be 
released to the said claimant upon payment of costs and the execution of a 
good and sufficient bond, conditioned in part that it be relabeled so as to eon- 
form to the requirements of the Federal food and drugs act.
ARTHUR M. HYDE, Secretary of Agriculture.