14900. Misbranding of Rybutol Gelucaps. U. S. v. 124 Dozen Bottles, etc. (F. D. C. No. 26636. Sample No. 51252-K.) LIBEL FILED : March 7, 1949, Southern District of Ohio. ALLEGED SHIPMENT: By the Vitamin Corporation of America, from Newark, N. J. The product was shipped on or about January 11, 1949, and the labeling of the article, with the exception of certain newspaper clippings, was shipped on or about January 10 and February 12, 1949. PRODUCT: 70 dozen bottles, each containing 100 capsules, and 54 dozen bottles, each containing 50 capsules, of Rybutol Gelucaps at Cincinnati, Ohio, in the possession of the Dow Drug Co. Warehouse, together with a number of leaflets entitled "Ask Your Doctor" and a number of Cincinnati newspaper clippings entitled "Why does your Doctor Prescribe Rybutol." The newspaper clippings were displayed with the product in the retail stores of the Dow Drug Co. Some of the clippings were pasted in the windows of the stores; or they were used as streamers, hanging from a wire in the rear of the stores in close proximity to the goods. LABEL IN PART: "Rybutol High Blend Natural Vitamin B Complex. Each Gelucap Contains the Whole Natural Vitamin B Complex Fortified." NATURE OF CHARGE: Misbranding, Section 403 (a), the statement, "Hy-Blend Natural Vitamin B Complex" appearing on the labels of the article, in a leaflet entitled "Ask Your Doctor," and in the newspaper clippings, was false and misleading as applied to an article which was not a high potency natural vitamin B complex but was a mixture of some of the members of the vitamin B complex-4n—synthetic feraet an iron salt, vitamin C, aB^^B^tr4tionally-4n=- consequential amounts of natural sources of the B complex. The article also was alleged to be misbranded under the provisions of the law applicable to drugs, as reported in- notices of judgment on drugs and devices, No. 2724. having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond for relabeling under the supervision of the Federal Security Agency. INDEX TO NOTICES OF JUDGMENT F. N. J. NOS. 14851 TO 14900 PRODUCTS N. J. No. Alfalfa meal 14876 Bakery products 14860-14862 Bevco Stabilizer 14852 Beverages and beverage mate- rials *14851, 14852 Blueberries, canned 14883 Brazil nuts 14894, 14895 Bread 14860-14862 Candy 14853-14859 Catsup, tomato 14890, 14891 Cereals and cereal products 14860- 14873 Cherries, chocolate-covered 14855, 14857 Coffee cake 14861 Corn (animal feed, in sacks) 14877 canned 14885 Doughnut flour 14864 Easter eggs, candy 14859 Eggs, dried 14875 Easter, candy 14859 frozen 14874 Feeds and grains 14876-14878 Fish 14879-14882 Flour 14863-14868 Fruits and vegetables— 114851, 14883- 14891 fruit, canned 14883, 14884 tomatoes and tomato products-14888- 14891 vegetables 14885-14887 Gelucaps, Rybutol 14900 Gestade vitamin tablets 14899 Grains. See Feeds and grains. Multi-Caps and Super Multi-Caps. 14896 N. J. No. Nuts 14892-14895 Pancake mix 14868 Pastry flour 14864 Peanuts 14893 Pears, canned 14884 Pecans, shelled 14892 Perch fillets, frozen 14879 Popcorn 14869, 14870 Potatoes, sweet, canned 14886 Rice 14872, 14873 wild 14873 Rolls 14860-14862 sweet 14860, 14861 Rybutol Gelucaps 14900 Rye and wheat, mixed 14871 Sardines, canned 14881, 14882 Self-rising flour 14863 Spinach, canned 14887 Stabilizer, Bevco 14852 Super Multi-Caps 14896 Thiamine chloride tablets 14896 Tomato(es), canned 14888 catsup 14890, 14891 puree 14889, 14890 TuUibees, frozen 14880 United Vitamin B Complex with Iron (tablets) 14898 Vegetables. See Fruits and vegetables. Vita-Slim 14897 Vitamin, mineral, and other products of special dietary significance 14896-14900 Wheat and rye, mixed 14871 Yeastex (animal feed) 14878 SHIPPERS, MANUFACTURERS, AND DISTRIBUTORS N. J. No. Allen, Charles R., Co.: canned pears 14884 American Seafood Products Co.: canned sardines 14882 American Trading Co.: canned sardines 14882 Associated Southern Planters: canned pears 14884 Brady Tomatoes, Inc.: canned tomatoes 14888 Bremco Alfalfa Mills, Inc.: alfalfa meal 14876 Cedar Lake Canning Co., Inc.: tomato puree 14889 N. J. No. Chandler Laboratories, Inc.: Bevco Stabilizer 14852 Coburn Farm Products Co.: dried eggs 14875 Commercial Candy Mfg. Co.: candy 14854 Continental Nut Co.: mixed nuts 14895 Dixie Cream Flour Co.: doughnut flour 14864 Dixie Maid Baking Co.: bread and rolls 14862 Dow Drug Co.: Rybutol Gelucaps 14900 (14851) Permanent injunction issued. The cases reported herewith were instituted in the United States district courts by the United States attorneys, acting upon reports-submitted by the Federal Security Agency. Published by direction of the Federal Security Administrator. PAUL B. DTTNBAE, Commissioner of Food and Drugs. WASHINGTON, D. C, February 6, 1950. CONTENTS Page Beverages and beverage materials. 578 Cereals and cereal products 579 Bakery products 579 Flour 580 Dairy products 583 Butter 583 Cheese 584 Feeds and grains 585 Fish and shellfish 586 863219—50 1 Page Fruits and vegetables 587 Canned fruit 687 Dried fruit 588 Frozen fruit 590 Vegetables 591 Tomatoes and tomato products. 592 Nuts 594 Spices, flavors, and seasoning materials 595 577