24501. Adulteration and misbranding of Merrell's Cod Liver Oil Concen- 
trate Tablets. U. S. v. 9?i2 Dozen Bottles of Merrell's Cod Liver 
Oil Concentrate Tablets. Default decree of condemnation and 
destruction.     (F. & D. no. 28638.    Sample no. 6065-A.)
This case involved a drug preparation sold primarily as a source of vitamins. 
Tests of the article showed that it possessed about one-fifth as much vitamin 
D as indicated by the labeling.
On August 12, 1932, the United States attorney for the Western District of 
Missouri, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 9 9/12 dozen bottles 
of Merrell's Cod Liver Oil Concentrate Tablets at Kansas City, Mo., alleging 
that the article had been shipped in interstate commerce on or about April 
15, 1932, by W. S. Merrell & Co., from Cincinnati, Ohio, and charging adultera- 
tion and misbranding in violation of the Food and Drugs Act.
The article was alleged to be adulterated in that its strength fell below the 
professed standard under which it was sold, namely: (Carton and bottle 
label) "Each tablet contains the equivalent of one teaspoonful of Cod Liver 
Oil U. S. P."; (carton) "The A and D Vitamins.in Merrell's Cod Liver Oil 
Concentrate Tablets exert the same effects and are indicated in the same 
conditions for which Cod Liver Oil is taken"; (circular) "Merrell's Cod Liver 
Oil Concentrate is carefully tested by extensive experiments on animals to 
make certain that the important vitamins are present in abundance. * * * 
Potency of Vitamins Assured. These important Vitamin A and D tests are 
made before the concentrate is prepared from Cod Liver Oil to insure full 
vitamin content and potency. Then these tests are again made in the actual 
concentrate to make certain that full potency of Vitamins A and D are present 
when the concentrate is incorporated into the tablet * * * because Mer- 
rell's Cod Liver Oil Concentrate Tablets provide plenty of the important 
vitamins A and D in a pleasant little tablet."
Misbranding was alleged for the reason that the following statements appear- 
ing in the labeling were false and misleading: (Bottle label, carton, and circu- 
lar) "Merrell's Cod Liver Oil Concentrate"; (bottle label and carton) "Vita- 
mins A-and D From Cod Liver Oil * * * Each tablet contains the equiva- 
lent of one teaspoonful of Cod Liver Oil U. S. P."; (circular) "The Vitamins 
of Cod Liver Oil In a Tablet For generations cod liver oil has been used by 
doctors as a resistance builder and tonic to the convalescent and as an im- 
portant addition to food for growing children and adults. The Pleasant Way 
to Take Cod Liver Oil Medical science has discovered a process for extracting 
and concentrating the vitamins. This discovery has led to the production of 
cod liver oil concentrate in convenient tablet form without the oily, fishy 
taste. Just as cod liver oil is used in the home as a protection against certain 
conditions, so may Merrell's Cod Liver Oil Concentrate Tablets be used. Dur- 
ing pregnancy and the nursing period, mothers will find them an important 
addition to the diet, because they help to protect her and her child against the 
consequences of a poorly balanced diet. To the infant and growing child, 
Merrell's Cod Liver Oil Concentrate Tablets supply the vitamins essential to 
growth, to prevention against rickets with its symptoms of bow legs, deformed
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joints, irregular and imperfect teeth. To both child and adult they afford a 
valuable means of building resistance, and aid in the treatment of run-down 
conditions, debility, and convalescence. Merrell's Cod Liver Oil Concentrate 
Tablets provide plenty of the important vitamins A and D in a pleasant little 
tablet, free from oil or nauseating fats."
On March 13, 1935, the case having come on to be heard and the intervener, 
the W. S. Merrell Co., having failed to appear at the hearing, judgment was 
entered ordering that the product be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.