82. Adulteration and misbranding; of cod liver oil. V. S. v. One 30-grallon Drum
and Three 38-pound Drums of Cod Liver Oil. Default decree of con-
demnation and destruction. (F. D. C. Nos. 1082, 1083. Sample Nos.
65959-D, 65960-D.)
One lot of this product contained not more than 42.5 A. O. A. C. chick units of
vitamin D per gram; whereas the United States Pharmacopoeia requires that cod
liver oil shall contain not less than 85 U. S. P. units of vitamin D per gram (an
A. O. A. C. chick unit of vitamin D is by definition the equivalent of a U. S. P.
unit of vitamin D). The other lot was labeled as containing 400 U. S. P. vitamin
D units per gram and 8,000 U. S. P. vitamin A units per gram, but contained not
more than 50 A. O. A. G. chick units of vitamin D per gram and not more than
1,580 units of vitamin A per gram.
On November 28, 1939, the United States attorney for the Western District of
Michigan filed a libel against one 80-gallon drum of cod liver oil and three 38-
pound drums of cod liver oil at Petoskey, Mich., alleging that the article had
been shipped in interstate commerce on or about September 15, 1939, by the
Val-A Co. from Chicago, 111.; and charging that it was adulterated and mis-
branded.   It was labeled in part, "Val-A 'Cavalier '."
One lot of the article was alleged to be adulterated in that it was repre-
sented as a drug the name of which is recognized in an official compendium,
and its strength differed from, and its quality and purity fell below, the
standard set forth in such compendium. It was alleged to be misbranded hi
that the representation in the labeling that it contained 85 A. O. A. C. units
of vitamin D was false and misleading.
The remaining lot was alleged to be adulterated In that its strength dif-
fered from, and its purity and quality fell below, that which it purported or
was represented to possess. It was alleged to be misbranded in that the
representations in the labeling that it contained 400 U. S. P. vitamin D units per
gram and 8,000 U. S. P. vitamin A units per gram,, were false and misleading.
On January 4, 1940, no claimant having appeared, Judgment of condemnation
was entered and the product was ordered destroyed.