3195. Misbranding of Vita-Pep tablets.   U. S. v. 41 Boxes. *    *    *.    (F. D. C.
No. 29341.    Sample No. 72745-K.)
LIBEL FILED :   May 26,1950, Southern District of Ohio.
ALLEGED SHIPMENT : On or about December 16,1949, from Baltimore, Md.
PRODUCT: Vita-Pep tablets. 41 boxes, each containing 50 tablets, at Columbus,
Ohio, in possession of the May Drug Co., together with a placard relating to
the product headed "Restore Youth and Vitality."
RESULTS OF INVESTIGATION : The May Drug Co. received the product in bottles
of 5,000 tablets each, but none of the tablets remained on hand in the original
containers, all having been repackaged into boxes labeled as described below.
Also in possession of the consignee at its store was a placard displayed in the.
window, together with dummy boxes used in packaging the tablets. The plac-
ard read, in part:    "Restore Youth and Vitality."
Analyses showed that the article contained alkaloids of nux vomica in very
small amounts, together with zinc phosphide and unidentified organic matter.
LABEL, IN PART : (Boxes) "Vita-Pep Tablets For Better Health Life Begins
At Forty Vita-Pep is the perfect tonic for persons approaching middle age.
Restores energy and will help you to enjoy life. Distributed by May Labora-
tories   Columbus, Ohio."
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements on the
label of the article and on the accompanying placard were false and misleading.
The statements represented, and suggested that the article would restore youth    v
and vitality, correct loss of appetite, nervousness, and weak glands, and im-
prove health; that it was a perfect tonic for persons approaching middle age;
and that it would restore energy and help one to enjoy life.   The article was
not capable of fulfilling the promises of benefit stated and implied.
Further misbranding, Section 502 (e) (2), the label of the article failed to
bear the name of each active ingredient since its label failed to bear the name
of any active ingredient.
The article was misbranded in the above respects while held for sale after
shipment in interstate commerce.
DISPOSITION :   June 23,1950.   Default decree of destruction.