3096. Misbranding of vending machines and No. 5 Special Tablets.   U. S. v. 12
Vending Machines   *    *    *    (and 1 other seizure action).    (F. D. C.
No. 28711.   Sample No. 72462-K.)
LIBELS FILED :   February 10,1950, Southern District of Indiana.
ALLEGED SHIPMENT : The vending machines were shipped from Chicago, HI., in
October and November 1949, and the No. 5 Special Tablets were shipped from
Columbus, Ohio, on or about October 5,1949.
PRODUCT: 12 vending machines and 480 boxes of No. 5 Special Tablets at
Indianapolis, Ind.
LABEL, IN PART: (BOX) "NO. 5 Special Tablets Contains: Thiamine Hydro-
chloride, Irradiated Yeast, Reduced Iron and Dibasis Calcium Phosphate with
inert excipients. Distributed by Anstess & Fay, 2226 N. Meridian, Indian-
apolis, Ind.   *   *   *   Contents, Six Tablets."
NATURE OF CHARGE: Misbranding, Section 502 (a), the following statements
which appeared in the labeling of each of the vending machines in which the
tablets had been placed were false and misleading since the tablets contained
in the vending machines, for vending therefrom, would not fulfill the promises
of benefit stated and implied: "Get Vim Vigor Vitality With No. 5 Special
No. 5 Special For Weak Glands of Men And Women Are You And Your Wife
Happy If Not Try No. 5 Special." The tablets and the vending machines were
misbranded while held for sale after shipment in interstate commerce.
DISPOSITION: March 24, 1950. Default decrees of forfeiture. The court or-
dered that the tablets and nine of the ?vending machines he destroyed and that
the remaining three vending machines be delivered to the Food and Drug
Administration.