1377. Misbranding of Ray-D Tablets.    U. S. v. Nion Corporation.    Plea of nolo
contendere.    Fine, $250.    (F. D. C. No. 9672.    Sample No. 64965-E,)
On December 1, 1943, the grand jurors for the Southern District of California
returned an indictment against the Nion Corporation, Los Angeles, Calif., alleging
shipment of a quantity of the above-named article from the State of California
into the State of New York between the approximate dates of February 11 and
19,1942.
Analysis disclosed that the article contained, per tablet, 10 International Units
of vitamin Bi, 23 micrograms of riboflavin, and not more than 250 U. S. P.
units of vitamin D.
The article was alleged to be misbranded in that certain statements in an
accompanying circular were misleading since they represented and implied that
the article would be efficacious in the cure, mitigation, treatment, or prevention
of impairment of the digestive function, reduction of the motility of the bowel
muscle, faulty elimination, malnutrition, and failure to gain weight resulting
from lack of vitamin D and the members of the vitamin B complex; that the
conditions referred to frequently result from lack of those vitamins; and that
the reader might reasonably expect correction and relief from those conditions
by use of the product. The article contained inconsequential amounts of vitamin
D and the members of the vitamin B complex. The diseases and ailments named
usually result from causes other than lack of vitamin D and the members of the
vitamin B complex, and a product containing those vitamins would not ordinarily
correct and relieve such conditions.
On October 17, 1944, a plea of nolo contendere having been entered on behalf
of the defendant, the court imposed a fine of $250.