29263. Misbranding of Van-Tage.    U. S. v. Van-Tage Medicine Co., Inc., Gilbert
H. Mosby, and Ray H. Huber.    Pleas of guilty.    Fine, $100 each.    (F. &
D. No. 38018.    Sample No. 45728-B.)
The labeling of this product bore false and fraudulent curative and thera- 
peutic claims.
On November 16, 1936, the United States attorney for the Southern District 
of California, acting upon a report by the Secretary of Agriculture, filed in 
the district court an information against Van-Tage Medicine Co., Inc., Los 
Angeles, Calif., and Gilbert H. Mosby and Ray H. Huber, officers of the said 
corporation, alleging shipment by said defendants in violation of the Food and 
Drugs Act as amended, on or about November 22, 1935, from the State of 
California into the State of Colorado of a quantity of Van-Tage that was 
misbranded. The article was labeled in part: "Van-Tage Medicine for internal 
use   *   *   *   Van-Tage Medicine Co., Inc., Los Angeles   *    *    *   Cincinnati."
Analysis of a sample of the article showed that it consisted of the following: 
Water (91.0 percent), glycerin (6.25 percent), sugars (0.8 percent), salicylic 
acid (0.2 percent), benzoic acid (0.15 percent), caramel (1.0 percent), pepsin 
(0.1 percent), potassium iodide (0.1 percent), material derived from plant 
v
drugs including resins, flavoring, and coloring (by difference, 0.4 percent). 
These findings represented the ingredients found in the preparation. The 
amount was not the same for all samples examined.
The article was alleged to be misbranded in that statements in the labeling 
falsely and fraudulently represented its curative and therapeutic effectiveness 
as a treatment, remedy, and cure for sick and ailing people; its effectiveness 
to restore health, to regain health, to make millions of sick people feel better, 
to have beneficial action upon millions of half-living men and women racked 
with pain, unable to eat and drink or enjoy the fullness of life, and to act upon 
the upper organs and bloodstream; its effectiveness as a treatment, remedy, and 
cure for any decided sluggish condition, stomach pains, stomach, bowel, liver 
and kidney ills, stomach gas, bloating, and kindred ailments;  and its effec-
tiveness to stimulate the liver, release bile, cleanse impurities from the bowels, 
and to stimulate the stomach to proper digestion of food.
On May 9, 1938, pleas of guilty having been entered by the defendants, they 
were sentenced to pay fines in the total amount of $600.
M. L. WILSON, Acting Secretary of Agriculture.