27382. Adulteration and misbranding of Vita-Mil. THE. S. v. 18 Cases and 6 Cases 
of Vita-Mil. Default decrees of destruction. (F. & D. nos. 38783, 38784. 
Sample no. 16342-C.)
This product was represented to consist of roots, herbs, and barks. Exami- 
nation showed that it contained Epsom salt, a mineral cathartic drug, and that 
the labeling bore false and fraudulent representations regarding its curative 
and therapeutic effects.
On or about December 11, 1936, the United States attorney for the Southern 
District of Georgia, acting upon a report by the Secretary of Agriculture, filed 
in the district court libels praying seizure and condemnation of 24 cases of 
Vita-Mil at Savannah, Ga., alleging that it had been shipped in interstate com- 
merce in part on or about May 28 and 29, 1936, by Pailey's Pharmacy from 
Orlando, Fla., and in part on or about June 12, 1936, by the Court Square Drug 
Co., from Palatka, Fla., and charging adulteration and misbranding in violation 
of the Food and Drugs Act as amended.
Analysis showed that the article consisted essentially of Epsom salt (approxi- 
mately 23 percent), and extracts of plant drugs including a laxative drug; small 
proportions of sodium benzoate, saccharin, sugars, caramel, and flavoring ma- 
terial and water.
The article was alleged to be adulterated in that its strength and purity 
fell below the professed standard under which it was sold, viz: In an adver- 
tisement in a Savannah evening paper of September 3, 1936, which read, "What 
it is! Vita-Mil is a medical compound of more than 20 of the finest Medicinal 
Herbs"; and in a statement on the cartons of a portion which read, "Made 
from Roots Herbs and Barks and Other Medicinal Ingredients"; and in a 
statement on the cartons of the remainder which read, "A Medicine Made from 
Roots Herbs and Barks from All Parts of the Earth", since the article con- 
sisted largely of Epsom salt, which is not a medicinal herb, root, or bark.
It was alleged to be misbranded in that the following statements were false 
and misleading when applied to an article consisting largely of Epsom salt, 
a mineral cathartic drug: (Carton of portion) "A Medicine Made From Roots 
Herbs and Barks and Other Medicinal Ingredients"; (carton of remainder) 
"A Medicine Made From Roots Herbs and Barks From all Parts of the Earth 
Containing No Harmful Drugs." It was alleged to be misbranded further in 
that the statement, design, and, device, "Vita-Mil", and the firm name "The 
Vita-Mil Company", borne on the cartons and bottles, and the statement, 
"A Perfected Combination Beneficial to the Control of the Stomach and Slug- 
gish Liver", regarding its curative and therapeutic effects, borne on the cartons 
of a portion, were false and fraudulent.
On January 12 and 14, 1937, no claimant having appeared, judgments were 
entered ordering that the product be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.