7044. Kiddy Kaps vitamins.    (F.D.C. No. 47138.    S. Nos. 9-680 T, 10-684 T.)
QUANTITY : 106 24-tablet btls., 5 cases, 24 100-tablet btls. each, and 6 cases, 
12 250-tablet btls. each, of Kiddy Kaps Tastitreat; 17 32,000-tablet drums 
of Kiddy Kaps Vitamin Chew tablets; and 32 cases, 24 100-tablet btls. each, 
and 18 cases, 12 250-tablet btls. each, of Kiddy Kaps Vitamin Treat, at 
Buffalo, N.Y., in possession of Republic Drug Co., Inc.
SHIPPED : Between 11-9-61 and 12-29-61, from Englewood, N.J., and Cleveland, 
Ohio, to Buffalo, N.Y.
LABEL IN PART: (Btl.) "Kiddy Kaps Tastitreat Sugar Free Vitamin Treat 
for Children * * * Republic Drug Company, Inc., Buffalo, N.Y. Distribu- 
tors"; (drum) "Manufactured For Republic Drug Company, Inc. Vitamin 
Chew Tablets"; and (btl.) "Kiddy Kaps Vitamin Treat for Children * * * 
Republic Drug Company, Inc., Distributors   Buffalo, New York."
ACCOMPANYING LABELING: Streamers entitled "Kiddy Kap Childrens Vita- 
mins" ; place cards entitled "Free Reg. $1.00 Size Kiddy-Kaps"; newspaper 
advertisement mats and impressions of same reading, in part, "Fight Colds 
Build Strong Bodies * * * Kiddy Kaps"; and extra bottle labels.
RESULTS OF INVESTIGATION : The dealer had repacked the Kiddy Kaps Tastitreat 
tablets from bulk stock and the Kiddy Kaps Vitamin Treat tablets from the 
32,000-tablet drams. The bulk stock and the drums had been shipped as 
described  above.    The  accompanying  labeling was  printed locally.
LIBELED :   2-23-62, W. Dist. N.Y.
OHAHGE: 502(a)-while held for sale, the labeling accompanying the articles 
contained false and misleading representations that the articles were adequate 
and effective for the treatment and prevention of colds, to build strong bodies, 
and to stimulate appetites.
The libel alleged also that the articles were misbranded under the pro- 
visions of the law applicable to foods, as reported in notices of judgment 
on foods.
DISPOSITION: 4-5-62. Consent-claimed by Republic Drug Co., Inc., and 
relabeled.