1125. Misbranding of DPS Formula 56.    IT. S. v. 8 Bottles of DPS Formula 56.
Default  decree of condemnation  and destruction.     (F.  D.  C.  No.  9890.
Sample No. 15356-F.)
On May 24, 1943, the United States attorney for the District of Colorado filed
a libel against 8 bottles of DPS Formula 56 at Denver, Colo., alleging that the
article, which had been consigned by the Dartell Professional Service, had been
shipped on or about March 26, 1943, from Los Angeles, Calif.; and charging
that it was misbranded.
The article was alleged to be misbranded in that the name "DPS FORMULA
56," appearing on its label, was false and misleading as applied to the product,
each gram of which consisted essentially of (label) "Vitamins A, 80,COO USP
XI units; Vitamin D, residual amounts as carried with Vitamin A," since the
name was
a device which represented and suggested to the purchaser that the
article was efficacious for the following conditions: Nephritis, conjunctivitis,
otitis media, upper respiratory disorders, kidney stones, eye weakness and in-
flammations, renal and urinary calculi, infection or high fevers, involvement
of the mucosae, pregnancy, and lactation, whereas it was not efficacious for
such conditions; and that the device acquired such meaning by reason of the
fact that the manufacturer had supplied, and, together with his agents, em-
ployees, and distributors, had disseminated to prospective purchasers of the
article a certain booklet entitled "DPS Dartell Formulae," which disclosed that
the article was designated and intended for the above-named conditions.
On July 7, 1943, no claimant having appeared, judgment of condemnation was
entered and the product was ordered destroyed.