1810. Misbranding: of BF-1 Tablets. U. S. v. 598 Bottles, and 16 Bottles of BF-1
Tablets, and 5,000 leaflets. Default decree of condemnation and destruc-
tion.    (F. D. C. No. 16712.   Sample Nos. 27842-H, 27843-H.)
LIBEL FILED :   August 18, 1945, Western District of Washington.
ALLEGED SHIPMENT:   Between the approximate dates of June 23,1944, and April
2,1945, by the Vegetrates Co., from Los Angeles, Calif.
PRODUCT:   598   100-tablet bottles and 16   450-tablet bottles of BF-1 Tablets, and
5,000 leaflets entitled "Vegetrates," at Seattle, Wash.   Examination showed
that the product consisted of ground plant material, including senna, alfalfa,
starch, Irish moss, dulse, yeast, and parsley.
NATURE OF CHARGE: Misbranding, Section-502 (a), the words "Average Ration,"
borne on the bottle label, and certain statements in the leaflets, were misleading
since they represented and suggested that the article was a food, whereas it
was not a food, but a laxative drug; and the following statements in the leaf-
let were false and misleading since a senna laxative is not capable of producing
the-benefits claimed: "Use Vegetrates BF-1 and Live, Work, Play Every Day.
Don't let restless nights spoil your tomorrows. That glorious feeling of waking
jip each morning ready to start the day with a song! No putting off appoint-
ments, turning down 'dates,' neglecting work because you are 'all in,' have a
headache, or feel bad. You, too, can enjoy the sparkling, vibrant freshness each
morning by being 'regular.' When that slightest feeling of heaviness, or that
'clogged up' feeling comes, try Vegetrates BF-1, used as directed on label."
Further misbranding, Section 502 (f) (2), the labeling of the article failed
to bear adequate warnings against unsafe methods or duration of administra-
tion, since the warning appearing on the label, "do not use a laxative continu-
ously as there is a possibility of it becoming habit forming," had been made
inadequate by the directions, "2 or 3 tablets morning and night," which pro-
vided for using a laxative continuously.
DISPOSITION:   October 11, 1945.   No claimant having appeared, judgment of
condemnation was entered and the product, together with the leaflets, was
ordered destroyed.