85. Misbranding of Old Man Franffc  Mountain Tonic.    V. S. v. 36 Bottles of
Old Man Frantz Mountain Tonic.    Default decree of condemnation and
destruction.     (P. D. C. No. 1201.    Sample No. 78890-D.)
The labeling of this product bore false and misleading representations re-
garding its content of vitamin A, and its efficacy in the conditions indicated
hereinafter.
On December 16, 1939, the United States attorney for the Northern District of
Ohio filed a libel against 36 bottles of the above-named product at East Liver-
pool, Ohio, alleging that the article had been shipped in interstate commerce
on or about November 17, 1939, by Old Man Frantz from Pittsburgh, Pa.;
and charging that it was misbranded.
Biological tests showed that each fluid ounce contained 178 U. S. P. units of
vitamin A, 400 International Units of vitamin Bi, 334 International Units of
vitamin C, and not more than 251 U. S. P. units of vitamin D.
The article was alleged to be misbranded in that its labeling bore representa-
tions that it contained vitamin A and directions that it should be taken in
dosages of 1 ounce each day for normal persons, or 2 ounces each day for those
who require an extra amount of vitamins, which were false and misleading
since the article, if taken in accordance with the directions, would not provide
a significant amount of vitamin A. It was alleged to be misbranded further in
that its labeling bore representations that it was efficacious to increase pep,
vim, vigor, and vitality; that it "would build up"; that it was efficacious for
"that run-down feeling," nervousness, lack of appetite, lack of vigor and ambi-
tion; that it was a vitamin tonic; would aid in maintaining resistance to in-
fections; that it was efficacious for lack of vigor, poor appetite, dry skin,
diarrhea, poor teeth, sterility and weakness; would stimulate the appetite and
aid digestion and assimilation; that it was efficacious for digestive disturbances,
poor assimilation, poor lactation, atrophy of glands, gastric atony, head retrac-
tion; that it would Improve appetite and stimulate the growth essential to
tissue respiration and glandular functions; that it was efficacious for headache,
low fertility, failure of male germ cells to develop; that it was antipellagric;
would improve growth, promote health, prolong the active life span; was
essential in the nerve tissues; that it was efficacious for dermatitis, breakdown
of central nervous system, cataract (riboflavin factor) loss of hair, ulceration of
tongue, loss in body weight of intestines and atony, which representations were
false and misleading since the article was not efficacious for the purposes
recommended.
On January 18, 1940, no claimant having appeared, judgment of condemna-
tion was entered and the product was ordered destroyed.
MISCELLANEOUS