22184.  Adulteration  and misbranding of Phytamin  Tablets.     TJ.  S. v. The 
Pbytamln  Corporation.     Plea  of grullty.     Fine, $200.     (F.  & D. no.
30182.    I. S. no. 53023.   Sample nos. 3156-A, 3162-A, 3461-A.)
This case was based on the interstate shipment of 4 lots of Phytamin Tablets, 
a product sold as a source of vitamins and as a treatment for various ailments. 
Examination showed that the article contained no ingredients capable of pro- 
ducing certain curative and therapeutic effects claimed in the labeling; also 
that three of the four lots contained insufficient vitamins to be of any value in 
the doses recommended.
On November 7, 1933, the United States attorney for the Eastern District of 
Michigan, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the Phytamin Corporation, trading at 
Battle Creek, Mich., alleging shipment by said company in violation of the 
Food and Drugs Act as amended, on or about March 17, April 21, May 2, and 
June 25, 1932, from the State of Michigan into the State of Illinois, of quan- 
tities of Phytamin which was misbranded, and portions of which were also 
adulterated. The article was labeled in part: " Phytamin * * * The Phy- 
tamin Corporation New York [or "Battle Creek, Mich."]"
Analysis by this Department of a sample of one of the shipments showed 
that the article consisted of brown sugar-coated tablets containing chiefly cal- 
cium phosphate, iron phosphate, extracts of plant drugs, small proportions of 
sodium, potassium, iodine and carbonate compounds, volatile oils including oil 
of cinnamon and oil of cloves, a fixed oil, starch, and yeast. Analyses of 
samples taken from the remaining shipments showed that the article consisted 
essentially of calcium and iron phosphates, starch, yeast cells, and unidentified 
plant extractives. Tests of the samples from the said three shipments showed 
that they contained no significant amount of vitamins A, B, C, and D.
It was alleged in the information that 3 of the 4 lots were adulterated in 
that their strength and purity fell below the professed standard and quality 
under which they were sold, in that the article was represented to contain in 
concentrated and active form the antitachitic vitamin ("fat-soluble A"), the 
antineuritic vitamin ("water-soluble B"), and the antiscorbutic vitamin C; 
whereas it contained little if any vitamins A, B, and C and was of no value 
as a source of these vitamins in the dosage recommended.
Misbranding of the said three lots was alleged for the reason that the state- 
ments, " Phytamin contains in concentrated and active form the antirachitic 
vitamin (fat soluble A'), the antineuritic vitamin ('water soluble B'), the 
antiscorbutic vitamin ('C')", borne on the carton containing the article, were 
false and misleading.
Misbranding of the said three lots was alleged for the further reason that 
certain statements, designs, and devices appearing on the box and carton labels 
falsely and fraudulently represented that the article was effective as a vitamin 
food vitalizer; effective as a treatment, remedy, and cure for lack of appetite, 
indigestion, underweight, anaemia, nervous disorders, fatigue, weakness or gen- 
eral breakdown brought on by overwork or worry, irritability, melancholia and 
other forms of neurasthenia; effective to induce normal sleep and to restore 
mental and physical energy and the will to live; effective to stimulate the 
general nutrition of the body; effective as a treatment in lingering conva- 
lescence; effective as a treatment in cases of malnutrition, undernourishment, 
underdevelopment, and so-called "Deficiency" diseases in children, produced 
by continued consumption of food lacking in vitamins and plant salts ("Food 
essentials") and resulting in paleness, thinness, weakness, listlessness, and 
similar subnormal conditions; effective to promote growth, prevent tooth de- 
cay, and aid in the building up and strengthening of the bone structure; effec- 
tive to insure life, health and strength, and supply the vitalizing, strengthening 
blood, nerve, muscle, bone, and body-building elements of nature; and effective 
to do all that yeast does and to enable food to perform its natural function, to 
sustain life, promote health, and develop strength. Misbranding of the remain- 
ing lot was alleged for the reason that certain statements, designs, and deviecs 
appearing on the bottle label and in a circular shipped with the article, falsely 
and fraudulently represented that the article was effective as a reconstructive 
tonic and builder; effective as a treatment, remedy, and cure for general de- 
pletion, disordered metabolism, malnutrition, anaemia, retarded growth and 
slow convalescence; effective as a treatment, remedy, and cure for weak, under- 
nourished anaemic and " backward " children; effective as a blood builder and 
nerve strengthener; effective to insure health and to supply nourishment, 
strength, and vigor to all body functions; effective to perform the difficult task
of nourishing bodies insufficiently nourished by the devitalized, denatured, and 
ultra-refined foods of modem life; effective as a treatment for wan, pinched 
faces, nervous spasms and twitchings, insufficient strength, poor teeth, mal- 
formed jaws and poor skeletal structure, weak eyes, " backward" minds; 
effective to restore childhood's natural birthright of buoyant health and vibrant 
vitality; effective as a treatment for nervous complaints; effective to restore 
recuperative powers after illness, to prevent the frequent susceptibility to 
disease and a host of other symptomatic complaints; effective as a treatment 
for disease and infections of a most serious sort, Bright's disease, diabetes, 
tuberculosis, and nutritional diseases; effective to supply the material for rich 
blood, sound nerves, proper functioning vital organs, and well-formed substan- 
tial skeletal structure and teeth; effective to have the property of ready 
assimilation by the starved tissue and impoverished blood; effective as a power- 
ful reconstructive; effective to produce improved physical and mental vigor; 
effective to repair daily waste, repel disease and restore health and vitality; 
effective as a treatment, remedy, and cure for pernicious anaemia; effective to 
help fortify the body against the dangers of infectious disease, and to raise the 
general health and increase the natural immunity to withstand exposure to 
disease or other unfavorable conditions; effective to preserve the health and 
further the development and growth of the growing boy and girl; effective as a 
treatment, remedy, and cure for nervous exhaustion, from indigestion, weakened 
condition, complete breakdown, mental and physical; effective as a treatment, 
remedy, and cure for worms; effective to increase weight; effective to produce 
pep and enthusiasms and to reduce surplus weight; effective as a treatment, 
remedy, and cure for general debility, physical and nervous exhaustion, and all 
diseases where systemic weakness is evident; effective to aid the vital functions 
to gain in strength and vitality; effective as an aid to the upbuilding processes 
and to supply the elements needed to attain health and vigor; effective as a 
treatment during protracted illness, or an exceptionally virulent attack of 
disease; to relieve general exhaustion and to prevent a serious relapse; effec- 
tive as a treatment, remedy, and cure for all chronic conditions, such as acidosis, 
anaemia, asthma and hay fever, bronchial affections and catarrhal conditions, 
neuritis and other painful or distressing symptoms of chronic conditions due 
to lowered vitality; effective to supply needed minerals vital to the health of 
expectant mothers and that of the growing foetus; effective as a treatment, 
remedy, and cure for nerve weakness and exhaustion, loss of pep and vitality, 
anaemic conditions, general weakness and similar conditions characteristic of 
a low state of health; effective as a remedy of amazing restorative powers; and 
effective as a treatment in many serious conditions to contribute immeasurably 
to the sense of well-being and to provide increased immunity to disease.
On February 3, 1934, a plea of guilty was entered on behalf of the defendant 
company, and the court imposed a fine of $200.
M. L. WILSON, Acting Secretary of Agriculture.