027. Adulteration and misbranding of Dean's Vitamin Concentrate Capsules.
IT. S. v. 8 Dozen Retail Cartons of Dean's Vitamin Concentrate Capsules.
Default decree of condemnation and destruction. (F. D. C. No. 5962.
Sample No. 42956-E.)
This product was labeled as containing 1,000 units of vitamin D per capsule
and was also labeled to indicate that, it contained a substantial amount of
vitamin G (B2) ; whereas it contained not more than 800 units of vitamin D and
but an inconsequential amount of vitamin G (B2), namely, approximately
one-eightieth of the minimum daily requirement.
On October 7, 1941, the United States attorney for the Western District of
Pennsylvania filed a libel against 8 dozen cartons, each containing 25 dozen
capsules, of the above-named product at Pittsburgh, Pa., alleging that it had?(
been shipped in interstate commerce on or about April 18, 1941, by the Purity
Drug Co., Inc., from Passaic, N. J.; and charging that it was adulterated and?(
misbranded.
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The article was alleged to be adulterated in that its strength differed from
and  its quality fell below that which it purported and was represented to
possess. It was alleged to be iriisbranded in that the following statements on
the label, "Each Capsule Contains Not Less Than * * * Vitamin D 1,000
units * * * Vitamin Concentrate Capsules containing vitamins * * *
G (B2)," were false and misleading when applied to an article containing less
than 1,000 units of vitamin D and an inconsequential amount of riboflavin
(vitamin G or B2).
The article was also alleged to be adulterated and misbranded under the
provisions of the law applicable to foods, as reported in F. N. J. No. 3642.
On November 25, 1941, no claimant having appeared, judgment of con-
demnation was entered and the product was ordered destroyed.