743. Misbranding- of Via-Min. U. S. v. 465 Packages of Via-Min. Default decree
of condemnation and destruction. (F. D. C. No. 7094. Sample Nos. 90166-E,
90167-E.)
On March 26, 1942, the United States attorney for the District of Massachu-
setts filed a libel against 465 packages of Via-Min at Boston, Mass., alleging
that the article had been shipped in interstate commerce on or about March 7
and 10, 1942, by the Universal Products Co. from Cleveland, Ohio; and charging
that it was misbranded.
Analysis of a sample showed that the article contained approximately 2,200
grains per gallon of total solids, i. e., ferric sulfate (not over 1,196 grains),
aluminum sulfate (not less than 500 grains), calcium sulfate (16 grains), mag-
nesium
 sulfate (53 grains), and sodium phosphate (51 grains). The specific
gravity varied between 1.018 and 1.027 at 25? C.
The article was alleged to be misbranded: (1) In that the following state-
ments on the label, "Ingredients: Grains per gallon. Specific Gravity 1.049;
Ferric Sulphate 1752; Aluminum Sulphate 29; Calcium Sulphate 79; Magnesium
Sulphate 409 Sodium Phosphate 70 * * * Total Solids 4,413," were false
and misleading since it did not have the total solids or specific gravity stated,
and the statements of the amounts of said minerals in grains per gallon were
incorrect. (2) In that the statement on the label "used on minor Sores and
Cuts," and certain statements contained in an accompanying circular, were
false and misleading since they represented and suggested that it would be
efficacious in the treatment of minor sores and cuts and in the mitigation,
treatment, or prevention of acidosis, acne, eczema, muddy skin, anemia, mal-
nutrition, underweight, arthritis, rheumatism, gout, asthma, auto-intoxication,
biliousness, high blood pressure, boils, Bright's disease, bronchitis, colds, sinus
trouble, catarrh, constipation, diabetes, falling eyesight, cataract, falling hair,
thin hard brittle fingernails, gall-bladder disorders, gallstones, jaundice, goiter,
hardening of the arteries, hay fever, stiffness of the joints, leucorrhea, low
vitality, lack of endurance, lack of pep, nervousness, sciatic rheumatism, neu-
ralgia, neuritis, nerve exhaustion, obesity, enlarged prostate gland, poor circu-
lation, sexual indifference, tooth decay and spongy gums, gums that bleed
easily, tuberculosis of the lungs, and undernourishment of children; that it
would build and maintain the bones, teeth, and tendons, counteract acidity, heal
wounds, and aid vitality and endurance; that it would be efficacious in the
mitigation, treatment, or prevention of tuberculosis, rickets, pyorrhea, heart
disease, painful menstruation, anemia, asthma, circulatory diseases, female
disorders, and indigestion; that it would build and nourish the brain, nerves,
and bones, and would aid in strengthening the mental power; that it would
counteract acidosis, purify the blood by eliminating carbon dioxide, and would
dissolve hard deposits in the joints; that it would purify the system, aid in
keeping the hair, skin, and sex organs in a healthy condition, and intensify
the emotions; that it would be efficacious as a nerve sedative; that it would
vitalize the lungs and neutralize acid waste materials, and would supply energy
and vitality; and that it would be efficacious in producing glossy hair, hard
teeth, keen hearing, sparkling eyes, and would aid greatly in recovery from
disease or injury; whereas it would not be efficacious for such purposes.
On May 25, 1942, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.