25144. Misbranding of  Oil de Vita and Vita-Pine Bathol.    V.  S. v. 29 Small
Bottles and 16 Large Bottles of Oil de Vita and 37 Bottles of Vita- 
Pine Bathol.    Default decrees of condemnation and destruction.    (F.
& D. nos. 36425, 36426.    Sample nos. 49543-B, 49544-B.)
These drug preparations were misbranded because of unwarranted curative 
and therapeutic claims and other misrepresentations in the labeling.
On September 24, 1935, the United States attorney for the District of New 
Jersey, acting upon a report by the Secretary of Agriculture, filed in the district 
court libels praying seizure and condemnation of 45 large and small bottles of 
Oil de Vita and 37 bottles of Vita-Pine Bathol at Washington, N. J., alleging 
that the articles had been shipped in interstate commerce on or about August 
22, 1935, by the Vita Laboratories from Philadelphia, Pa., and charging mis- 
branding in violation of the Food and Drugs Act as amended.
Analysis of the Oil de Vita showed that it consisted essentially of peppermint 
oil. Bacteriological examination showed that it would not destroy common 
pus-producing bacilli within iy2 hours. Analysis of the Vita-Pine Bathol showed 
that it consisted essentially of soap and water perfumed with pine-needle oil 
and colored, and that it contained not more than one-third of 1 percent, if any, 
of olive oil.
Misbranding of the Oil de Vita was alleged for the reason that the following 
statement appearing on the retail carton was false and misleading, since it 
would not destroy cold or catarrhal pus bacilli: "Properties: Destroys cold 
and catarrhal pus bacilli when taken internally." Misbranding of the Vita- 
Pine Bathol was alleged for the reason that the following statements on the 
bottle label were false and misleading when applied to a product containing no 
more than one-third to one per cent, if any, olive oil: "Bathol is a product com- 
posed of genuine Olive Oil and Pine Needle Extracts. The olive oil contained 
in Bathol is excellent for the skin." Misbranding was alleged with respect to 
both products for the further reason that the following statements on the labels 
were statements regarding the curative or therapeutic effects of the articles and 
were false and fraudulent: (Oil de Vita, retail carton) "Properties: Destroys 
cold and catarrhal pus bacilli when taken internally—10 to 20 drops, in a table- 
spoonful of water, twice daily. External rubbing on affected parts, relieves and 
conquers rheumatic conditions. * * * Oil de Vita * * * Always Re- 
lieving"; (bottle) "Oil de Vita * * * Never Fails"; (Vita-Pine Bathol, bot- 
tle) "Vita * * * Bathol should be used at all times * * * especially 
for nervous, weak and rundown conditions."
On November 20, 1935, no claimant having appeared, judgments of condemna- 
tion were entered and it was ordered that the products be destroyed.
W. R. GREGG, Acting Secretary of Agriculture.