773. Adulteration and misbranding of Blue Fin Tuna Liver Oil.    TJ. S. v. 1 Drum
of Blue Fin Tuna Liver Oil.    Decree of condemnation.    Product released
urfder bond for relabeling.     (F. D. C. No. 1858.     Sample No.  5,5486-D.)
This product contained a smaller amount of vitamin D than that declared
on the label.
On April 22, 1940, the United States attorney for the Eastern District of
Michigan filed-a libel against 1 drum of the above-named product at Detroit,
July 14, 1939, by S. B. Penick & Co. from Jersey City, N. J.; and charging that
it was adulterated and misbranded. Two drums of oil having been seized, one
-of which was not in violation of the law, an order was entered oh June 14,
1940, releasing the drum which had been erroneously seized.
The article was alleged to be adulterated in that -its strength differed from
-and its purity fell below that which it purported or was represented to possess.
It was alleged to be misfcrandea in that the statement "35,000 U. S. P. Units
of Vitamin D per gram," stenciled on the drum, was false and misleading, since
it did not contain 35,000 U. S. P. units of vitamin D per gram.
On July 29, 1940, S. B. Penick & Co., claimant, filed a motion for discovery of
the Government's assay and oh July 81 an order was entered directing that,
upon the claimant's riling its answer, the Government produce and permit the
inspection and copying of documents which showed the results of the assay or
.assays.
On February 28, 1941, the claimant having admitted the allegations of the
libel, judgment of condemnation was entered and the product was ordered?'
released under bond conditioned that it be relabeled under the supervision of
the Food and Drug Administration as follows: "Blue Fin Tuna Liver Oil
100,000 U. S. P. Units of Vitamin A Per-Gram, 20,000 U. S. P. Units of Vitamin
D Per Gram."