2913. Misbranding of Fruitonya, Neutraton, Hematon No. 1, Hematon No. 2,
Phospho B Complex, Ribo Ton, and Java Ton. U. S. v. 144 Bottles, etc
(F. D. C. No. 24730. Sample Nos. 2029-K, 2030-K, 2032-K to 2036-K,
incL)
LIBEL FILED : April 15, 1948, District of Columbia; libel amended October 12,
1948.
ALLEGED SHIPMENT:   By the Miracle Food Co., from Philadelphia, Pa.
PRODUCT : 144 1-quart bottles of Fruitonya; 24 13-ounce cans of Neutraton; 24
16-ounce bottles of Hematon No. 1; 24 75-tablet boxes of Hematon No. 2;
24 50-capsule boxes of Phospho B Complex; 24 100-tablet boxes of Ribo Ton;
and 24   4-ounce cans of Java Ton at Washington, D. C.
The products were advertised for various diseases, symptoms, and condi-
tions at lectures given by J. D. Levine at Washington, D. C, on April 5, 6,
and 12,1948.
LABEL, IN PABT : "Fruitonya * * * Contains invert sugar, True fruit extracts,
Beinforced with Natural flavors & fruit acids"; "Neutraton * * * Contains
Lactose, Skimmed Milk, Dicaleium phosphate, Irradiated Milk, Whey Powder";
"Hematon No. 1 * * * Three teaspoonfuls provide: Vitamin A ... 5,000
U. S. P. Units, Vitamin D ... 1,200 U. S. P. Units, Vitamin Bi (Thiamin) . . .
l'-mg., Vitamin B, (G) (Riboflavin) . . . ?? mg., Niacinamide . . . 10 mg.,
Green Iron & Amnion. Citrate ... 3 grs., Iron ... 30 mgs."; "Hematon No.
2 * * * Each tablet Contains: 2,500 U. S. P. Units Vitamin A, 250 U. S. P.
Units Vitamin D, ? Mgm. Colloidal Copper, 5 Mgm. Iron"; "Phospho B Com-
plex * * * Contains: Vitamin Bt (Thiamin Chloride) 50Q U. S. P. Units,
Vitamin B3 (Riboflavin) 2,000 Micrograms, Vitamin B? (Pyridoxine) 30 Micro-
grams, Calcium Pentothenate 250 Micrograms, Niacin Amide 10,000 Micro-
grams, Lectithin (Inert Amt.) 10,000 Micrograms"; "Ribo Ton * * * A
Tablet Contains:   Carrot Powder, Parsley Powder,  Spinach Powder, 500
Gammas Natural Riboflavin, Dextrose"; and "Java Ton   Contains Soluble
Coffee Lactose."
NATURE OF CHARGE: Misbranding, Section 502 (f) (1), the labeling of the arti- (
cles failed to bear adequate directions for use for the following diseases,
symptoms, and conditions for which the articles were prescribed, recom-
mended, and suggested in advertising, sponsored by and on behalf of the manu-
facturer, packer, and distributor of the articles: Fruitonya-Insomnia due
to nervousness, colds, too long menstrual flow, bad liver, and catarrh; Neutra-
ton-poison glands, a condition of pus in the eyes, vomiting of babies, and
liver conditions; Eematon No. 1-Anemia in thin people; Eematon No. 2-
anemia in stout people and for blood building; Phospho B Complex-bad.
heart condition, poor memory, and low blood pressure; Ribo Ton-inflamed
or tired eyes; and Java Ton-goiter.
Further misbranding, Eematon No. 1, Section 502 (a), the designation
"Hematon No. 1" and the label statement "5 Vitamin Malt Tonic With Iron"
were false and misleading since the article was not a blood tonic and did not
possess tonic properties; and, Hematon No. 2, Section 502 (a), the designation
"Hematon No. 2" was misleading since it created the impression that the
article was a blood tonic, whereas it was not.
The Fruitonya was alleged also to be further misbranded under the provi-
sions of the law applicable to foods as reported in notices of judgment on
foods.
DISPOSITION : On February 24, 1949, the Miracle Food Co., claimant, filed a
request for answers to certain interrogatories. The interrogatories were an-
swered, and on November 17,1949, the claimant having consented to the entry
of a decree (and the court having found that the products were misbranded
as alleged in the libel, except that no finding was made with respect to the
allegation that the name "Fruitonya" was misleading within the meaning of
Section 403 (a)), judgment of condemnation was entered and the court
ordered that the products be destroyed.