787. Misbranding- of Vita-Port Vitamin Bi Tonic.    V. S. v. 141 Bottles of Vita-
Port Vitamin BL Tonic.    Default decree of condemnation and destruction.
(F. D. C. No. T539.    Sample No. 87177-E.)
On May 20, 1942, the United States attorney for the District of Columbia
filed a libel against 141 bottles of Vita-Port Vitamin Bi Tonic at Washington, D. C,
alleging that the article was being offered for sale in the District of Columbia
at the Super Cut Rate Drugs, Washington, D. C ; and charging that it was mis-
branded. The article was labeled in part: "Each fluid ounce contains thiamine
hydrochloride (Vitamin Bi) ... 4 mg. (Equivalent to 1330 International Units)
Alcohol 20 Per cent."
It was alleged to be misbranded in that the following statements in the labeling,
"Here's Health! * * * Recommended for Underweight-Loss of Appetite
Nervousness," were false and misleading since it would not be an effective treat-
ment for such conditions.
It was also alleged to be misbranded-under the provisions of the law applicable
to foods, as reported in F. N. J. No. 3841.
On June 26, 1942, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.