3905. Adulteration and misbranding of Supra-Vite Special and Supra-Vite
Junior. U. S. v. 80 Cases, etc. (F. D. C. No. 33519. Sample Nos.
27293-L to 27295-L, incl.)
LIBEL FILED :    August 26, 1952, Northern District of California.
ALLEGED SHIPMENT: Between the approximate dates of February 6, 1952, and
August 17,1952, by the Supra-Vite Corp., from New York, N. Y.
PRODUCT: 80 cases, each containing 24 cartons, of Supra-Vite Special (capsules
and tablets), 35 cases, each containing 24 cartons, of Supra-Vite Junior
(capsules and tablets), and 60 cases, each containing 12 cartons, of Supra-Vite
Junior (powder), at San Francisco, Calif., and Modesto, Calif., together with
printed matter entitled "Supra-Vite Sales Manual," a leaflet "Supra-Vite Life
is Worth Living," a book by D. T. Quigley "The National Malnutrition," a
pamphlet "Your Most Priceless Possession," a leaflet by Fred Bailey (American
Magazine, October 1947) "We Feed Our Hogs Better Than Our Children,"
"Modern Miracle Men" by Rex Beach, "Why We Need Vitamin E" by August J.
Pacini, "Soil, a Foundation of Health," by Arnold Yerkes (International
Harvester Co., 1946), "-For Heart Disease: Vitamin E" by J. D. Ratcliff
(Coronet, October 1948), a leaflet "Why Are We in America Suffering from
Malnutrition That Threatens to Make Us a 4-F Nation?" and a leaflet "Mal-
nutrition   The Hidden Hunger Menace."
LABEL, IN PART : "Supra Vite Special An Improved Highly-Concentrated Food
Supplement * * * Four red vitamin capsules and four mineral tablets (sug-
gested daily intake) supply the following amounts and proportions of the
minimum adult daily requirements. Vitamin A . . . 25,000 USP units . . .
624?    Vitamin D . . . 2,000 USP Units . . . 500?    Vitamin Bi . . . 10 Mgs.
... 1000? Vitamin B2 . . . 10 Mgs. . . . 500? Vitamin B8 . . . 2 Mgs.
Vitamin Bu . . . 0.5 Meg. Vitamin C ... 300 Mgs. . . . 1000? Calcium
Pantothenate ... 20 Mgs. Choline Dihydrogen Citrate ... 10 Mgs. Nia-
cinamide . . . 100 Mgs. Vitamin E ... 100 Mgs. (100 int. Units) Calcium f
... 750 Mgs. . . . 100? Phosphorus ... 380 Mgs. . . . 50? Iron . . . 10 V
Mgs. . . . 100?, Iodine ... 0.2 Mg. . . . 200? Copper ... 0.1 Mg. Fluo-
rine ... 0.2 Mg. Manganese ... 1 Mg. Cobalt ... 0.1 Mg. Nickel . . .
0.1 Mg. Zinc ... 0.1 Mg. Chlorophyll ... 1 Mg. Kelp ... 6 Grs. Folic
Acid ... 1 Mg. Rutin ... 1 Mg. Inositol ... 15 Mgs. Para-Ammo Ben-
zoic Acid ... 15 Mgs." and "Supra Vite Junior A Concentrated Food Sup-
plement In Powder Form * * * Two level teaspoonfuls (10 gms. suggested
daily intake) [or "Supra Vite Junior A Concentrated Food Supplement * * *
Two red vitamin capsules, one yellow Vitamin E perle and four mineral tablets
(suggested daily intake)] supply the following amounts and proportions of
the minimum adult daily requirements: Vitamin A . . . 20,000 USP Units
. . . 500? Vitamin D . . . 2,000 USP Units . . . 500? Vitamin Bi . . . 10
Mgs. . . . 1000? Vitamin B2 . . . 6 Mgs. . . . 300? Vitamin Bi . . . 2
Mgs. Vitamin B^ . . . 0.5 Meg. Vitamin C ... 200 Mgs. ... 666? Cal-
cium Pantothenate ... 10 Mgs. Choline Dihydrogen citrate ... 10 Mgs.
Niacinamide ... 50 Mgs. Vitamin E . . . 5 Mgs. (5 Int. Units) Calcium
... 750 Mgs. . . . 100? Phosphorus ... 380 Mgs. . . . 50? Iron ... 10
Mgs. . . . 100?, Iodine ... 0.2 Mg. . . . 200? Copper ... 0.1 Mg. Co-
balt ... 0.1 Mg. Manganese ... 1 Mg. Zinc ... 0.1 Mg. Chlorophyll
... 1 Mg. Nickel ... 0.1 Mg. Inositol ... 15 Mgs. Para-Amino Benzoic
Acid ... 15 Mgs."
NATURE OF CHARGE: Adulteration, Section 501 (c), the strength of the Supra-
Vite Special and the Supra-Vite Junior (capsules and tablets) differed from
that which they purported and were represented to possess. The labels of
the Supra-Vite Special declared that 4 red vitamin capsules and 4 mineral
tablets of the articles would supply 380 milligrams of phosphorus, whereas
the capsules and tablets would supply a lesser amount of phosphorus. The
label of the Supra-Vite Junior (capsules and tablets) declared that 2 red
vitamin capsules, 1 yellow vitamin E perle, and 4 mineral tablets of the articles
would supply 750 milligrams of calcium and 380 milligrams of phosphorus,
whereas such capsules, perle, and tablets would supply lesser amounts of
calcium and phosphorus.
Misbranding, Section 502 (a), the labeling of the articles, when taken as a
whole, as well as through specific claims, and in the setting in which the
labeling was presented, contained statements which represented and sug-
gested that (a) almost everyone in the United States is either ill or about to
become ill as a result of various deficiency ailments; (b) our health is being
undermined by malnutrition and/or dietary deficiencies which cause all ill-
nesses except those due to accident, poison, infection, and exposure; (c) the
average American diet is deficient in vital food factors, resulting in malnutri-
tion ; (d) these dietary deficiencies are attributable to depleted soil, processing
practices, and storage and cooking methods, which make it impossible to obtain
in the diet the food factors that are essential to health; and (e) the only
way to achieve and maintain health in the United States today, in short, to
cure, prevent, and treat all diseases and the ailments afflicting mankind, is
to use a vitamin and mineral supplement, namely "Supra-Vite," which repre-
sentations and suggestions were false and misleading since they are contrary
to fact.
Further misbranding, Section 502 (a), certain statements in the labeling of
the articles were false and misleading. The statements represented and sug-
gested that the articles were an adequate and effective treatment for all
diseases or ill health (except from accident, poison, exposure, or bad habits),
e. g., diabetes, impaired visual function, poor posture, flat feet, skin eruptions,
sore throats, spinal curvature, allergies, heart disease, arthritis, sterility, nerve
and muscle disorders, as well as other major disorders, general conditions
such as a lack of good health, and personality disorders; and that the articles
were effective to provide buoyant health and a super state of well-being. The
articles were not an adequate and effective treatment for such conditions and
purposes.
Further misbranding, Section 502 (f) (1), the labeling of the articles failed
to bear adequate directions for use in the treatment of all diseases or ill health,
e. g., diabetes, impaired visual function, poor posture, flat feet, skin erup-
tions, sore throats, spinal curvature, allergies, heart disease, arthritis, sterility,
nerve and muscle disorders, as well as other major disorders, general condi-
tions such as a lack of good health and personality disorders, and for the pro-
vision of buoyant health and a super state of well-being, which were the condi-
tions for which the articles were intended.
The articles were adulterated and misbranded in the above respects when
introduced into, while in, and while held for sale after shipment in, inter-
state commerce.
DISPOSITION: October 17, 1952. The Supra-Vite Corp., claimant, having con-
sented to the entry of a decree, judgment of condemnation was entered. The
court ordered that the labeling of the products, consisting of the accompanying
literature, be destroyed and that the products without such labeling be re-
leased under bond to be brought into compliance with the law, under the super-
vision of the Federal Security Agency.