477. Adulteration and misbranding of R M Dietary Supplements Vitamin A and.
D.     U. S. v. 38 Bottles of R M Dietary Supplements Vitamin A and D.     De-
fault decree of condemnation.    Product ordered distributed to hospitals.
(F. D. C. No. 4304.    Sample No. 8319-E.)
This product was represented to contain 3,140 International Units of vitamin
A and 314 International Units of vitamin D per tablet, but contained not more
than 30 U. S. P. units of vitamin A and not more than 150 U. S. P. units of vita-
min D. (By definition, 1 U. S. P. unit of vitamin A or D is equivalent to 1 Inter-
national Unit of the same vitamin.) A large core of cotton extended more than
halfway to the bottom of the bottle and tablets surrounded the cotton. When
the cotton was removed, the tablets filled the bottle approximately half full.
On April 12,1941, the United States attorney for the District of Minnesota filed
a libel against 38 bottles of the above-named product at Minneapolis, Minn.,
alleging that the article had been shipped in interstate commerce on or about
November 2, 1940, by Ryer Mouser from Los Angeles, Calif.; and charging that
it was adulterated and misbranded.
The article was alleged to be adulterated in that its strength differed from and
its quality fell below that which it was represented to possess.
It was alleged to be misbranded in that the following statements appearing
on the label were false and misleading: "Each Tablet Contains Vitamin A from
fish liver oil * * * 3140 I. U. Vitamin D from fish liver oil 314 I. U." It was
alleged to be misbranded further in that its container was so filled as to be
misleading.
It was also alleged to be adulterated and misbranded under the provisions
of the law applicable to foods reported in F. N. J. No. 2549.
On May 29, 1941, no claimant having appeared, judgment of condemnation was
entered and the product was ordered distributed to hospitals chosen by the
marshal in his discretion.