5167. Pan-Vita syrup.    (F. D. C. No. 38617.    S. No. 9-596 M.)
INFORMATION FILED:   7-31-56, N. Dist. Calif., against Barnes-Hind Laboratories,
Inc., San Francisco and Sunnyvale, Calif.
ALLEGED VIOLATION : On 11-11-49, the defendant gave to a firm engaged in the
business of shipping drugs in interstate commerce a guaranty to the effect that
all drug products shipped by the defendant to the holder of the guaranty
would be neither adulterated nor misbranded within the meaning of the Federal
Food, Drug, and Cosmetic Act.
On 10-13-55, the defendant shipped a number of bottles of adulterated and
misbranded Pan-Vita syrup to the holder of the guaranty at Los Angeles,
California.
CHARGE: 501 (c)-the strength of the article differed from, and the quality
of the article fell below, that which it purported and was represented to possess;
and 502 (a)-the label statement "Each two teaspoonfuls (10 cc) contain:
Vitamin A Palmitate . . . 5000 USP. Units Vitamin D (irradiated ergos-
terol). . . 500 USP. Units" was false and misleading since the article con-
tained less vitamin A and vitamin D than declared.
PLEA :    Nolo contendere.
DISPOSITION :    8-10-56.    Fine, $500.