23781. Adulteration and misbranding of Vita-Mil. U. S. v. 312 and 96 Bottles 
of Vita-Mil. Default decree of destruction. (F. & D. nos. 38948, 38949. 
Sample nos. 13674-C, 13675-C.)
This product was represented to be a preparation of herbs but in fact con- 
tained a large proportion (approximately 23 percent) of Epsom salt, a mineral 
drug.    The labeling bore false and fraudulent curative and therapeutic claims.
On January 16, 1937, the United States attorney for the Southern District 
of Mississippi, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 408 bottles of 
Vita-Mil at Meridian, Miss., alleging that the article had been shipped in inter- 
state commerce in part on or about August 13, 1936, by Albright & Wood, from 
Mobile, Ala., and in part on or about September 19, 1936, by William Barth 
from Cincinnati, Ohio, and charging adulteration and misbranding in violation 
of the Food and Drugs Act as amended. It was labeled in part: "Vita-Mil Dis- 
tributed by the Vita-Mil Company, Charleston, W. Va."
Analysis showed that the article consisted essentially of Epsom salt (ap- 
proximately 23 percent) and extracts of plant drugs including a laxative drug 
and small proportions of sodium benzoate, saccharin, sugars, caramel, and 
flavoring material and water.
The libel alleged that advertisements appearing in a Meridian newspaper 
contained the following statements regarding the article on the dates specified: 
(October 2, 1936) "Vita-MU * * * the scientific herbal remedy"; (October 
7, 1938) "Vita-MU, this famous herbal remedy"; (October 9, 1936) "Vita-MU, the 
advanced, scientific herbal remedy"; (October 14, 1936) "This new scientific 
blend of Extracts from Medicinal Plants called Vita-MU"; (October 16, 1936) 
"Vita-MU, the new scientific mixture of Extracts from Medicine Plants"; (Octo- 
ber 21, 1936) "Vita-Mil * * * This Great Herbal Medicine"; (October 23, 
1936) "Vita-Mil, a scientific blend of natural roots and herbs"; (October 28, 
1936)  "Vita-Mil, the scientific herbal medicine";   (October 30, 1936)  "Vita-MU
* * * This Great Herbal Remedy"; (November 4, 1936) "Vita-MU is an 
advanced scientific herbal remedy"; (November 5, 1936) "Vita-Mil * * * 
Famous Herbal Compound * * * Vita-Mil is Nature's way—a combination 
of pure herbs."
The article was alleged to be adulterated in that its purity fell below the 
professed standard under which it was sold since it was not a preparation of 
herbs but contained a considerable proportion of Epsom salt, a mineral drug.
The libel further alleged that the letters "Vita-Mil" borne on the bottle labels 
and on the cartons containing a portion of the bottles were a device regarding 
its curative and therapeutic effects in that they meant "Health to Millions" 
and that the article was "Beneficial to the control of the stomach and sluggish 
liver", the said letters having attained such meaning as the result of the 
following: (1) Business cards distributed by an agent for the Vita-Mil Co. bore 
the statement "Health for Millions" just above the letters "Vita-Mil" interpret- 
ing the meaning of "Vita-MU" to be "Health for Millions"; (2) that for some 
time prior to December 3, 1935, the product "Vita-MU" bore on the carton in 
which it was shipped in interstate commerce and distributed to the public the 
statement: "Vita-Mil * * * Beneficial to the control of the stomach and 
sluggish liver"; that subsequent to December 3, 1935, the branding was changed 
so that no explanation of the meaning of the said letters, save the device, "stal- 
l itself remained on the labeling so that at the time of shipment the label- 
ing contained no statement in explanation of the meaning of the device "Vita- 
Mil", save the device itself, which means, as formerly labeled and sold "Health
for Millions" and "Beneficial to the control of the stomach and sluggish liver"; 
that the device "Vita-Mil" being a device regarding the curative- and therapeutic 
effects of the article was false and fraudulent since the article contained no 
ingredient or combination of ingredients capable of producing the effects 
claimed by means of the said device. The libel alleged that a portion of the 
article was misbranded further in that the statement borne on the carton, 
"Made from Roots, Herbs and Barks and Other Medicinal Ingredients", was 
misleading in that it might mean to purchasers that the article was made from 
plant materials solely; whereas it contained a large proportion of Epsom salt, 
a mineral drug.
On March 17, 1937, no claimant having appeared, a decree was entered order- 
ing that the product be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.