3314. Misbranding of Guardian vitamin A capsules, Guardian D/E Plex capsules,
and Guardian Se-Bex tablets. U. S. v. Vitamin Industries, Inc., and
Joseph L. Zweiback. Pleas of nolo contendere on counts 1 and 2 for the
corporation and on count 2 for the individual. Fine of $125 against each
defendant.    (F. D. C. No. 28156.    Samples Nos. 20070-K, 20071-K.)
INFORMATION FILED: May 15, 1950, District of Nebraska, against Vitamin In-
dustries, Inc., Omaha, Nebr., and Joseph L. Zweiback, president of the
corporation.
AUOEGED SHIPMENT :   On or about January 9 and 19, 1949, from the State of
Nebraska into the State of Iowa.
LABEL, IN PART:    "Guardian Capsules   Vitamin A 5,000 USP Units," "Guardian
Capsules   D/E Plex   *    *    *   Each Capsule Contains:   Vitamin D 25,000
USP Units Vitamin B, 3 Mgm.     Vitamin B2 2 Mgm.     Vitamin C 37.5 Mgm.
Niacinamide 20 Mgm.   Calcium Pantothenate 1 Mgm.   Vitamin B8   100 Meg.
Alpha Tocopherol 10 Mgm.," and "Guardian Tablets   Se-Bex Vitamin C with
B  Complex   *    *   *'   Each  Tablet  Contains:   Vitamin  C  125  milligrams
Vitamin Bi   1.5 milligrams   Niacinamide 10 milligrams."
NATURE OF CHARGE: Guardian vitamin A capsules and Guardian D/E Plex cap-
sules. Misbranding (count 1), Section 502 (a), certain statements in an ac-
companying circular entitled "Price List April 1948" were false and mis-
leading. The statements represented and suggested that the capsules would
be efficacious in the cure, mitigation, and treatment of arthritis, primary
fibrositis, and muscular rheumatism, whereas the capsules would not be effi-
cacious for such purposes.
Guardian Se-Bex tablets. Misbranding (count 2), Section 502 (a), certain
statements in an accompanying circular entitled "Price List April 1948" were
false and misleading. The statements represented and suggested that the
tablets would be efficacious in the cure, mitigation, and treatment of hay fever
?See also Nos. 3309, 3312, 3313.
and allergic disorders, whereas the tablets would not be efficacious for such
purposes.
DISPOSITION : November 24,1950. Pleas of nolo contendere having been entered
on behalf of the corporation to counts 1 and 2 and oh behalf of the individual
to count 2, the court imposed a fine of $125 against each defendant. Count 1
against the individual was dismissed.