11840. Misbranding- of Vitalitas. V. S. v. 106 Cases of Vitalitas. Default decree of condemnation, forfeiture, and destruction. (F. & D. No. 5890. S. No. C-69a.) On August 28, 1914, the United States attorney for the Eastern District of Louisiana, acting upon a report by the Secretary of Agriculture, filed in the District Court of the Un:ted States for said district a libel praying the seizure and condemnation of 106 cases of Vitalitas, consigned from Houston, Tex., remaining in the original unbroken packages at New Orleans, La., alleging that the article had been shipped by the Vital Remedies Co., on or about August 4, 1914, and transported from the State of Texas into the State of Louisiana, and charging misbranding in violation of the Food and Drugs Act. as amended. Analysis of a sample of the article by the Bureau of Chemistry of this department showed that it consisted of approximately 97? per cent of water, approximately 21 per cent of iron sulphate and aluminum sulphate, and traces of other mineral salts. Misbranding of the article was alleged in the libel for the reason that the product was contained in bottles, which bottles were encased in paper cartons, each of which cartons contained a booklet, which said booklet contained the following statements regarding the said article, " We believe that this myste- rious, science-defying Force in Vitalitas can be nothing else than Radio- Activity," which statements were false and misleading in that the said product possessed no radioactivity. Misbranding was alleged for the further reason that the said bottles, cartons, and booklets bore statements regarding the curative and therapeutic effect of the said article, as follows, (bottle) "A Family remedy for Rheumatism, Indigestion, Dyspepsia, Malaria, Biliousness,. Eczema, Tetter * * * Catarrh, Leucorrhcea, Running Sores, Nose Bleed- ing * * * Gall Stones, Weak Kidneys, Bladder Troubles, Bowel Troubles * * * Bleeding Piles, Sore Throat * * * Dysentery and General De- bility," (carton) "For Rheumatism, Indigestion, Malaria, Catarrh, Eczema, Etc., etc. * * * Its Unfailing Healing and Curative Properties were known and used by the Indian tribes long before the coming of the first white settlers. Taken into the human body, it arouses and stimulates a flow of Vital Energy which overcomes weakness, debility and sickness by eliminating Toxic Poisons, excessive Uric Acid and other impurities from Your System, thereby Re-Ani- mating and Re-Generating your body, eventually producing the thrill of Vibrant Vitality, Dynamic Energy and sparkling Health. You Cannot Remain Sick If You Use Vitalitas. * * * Vitalitas> To Make Red, Rich Blood, Energy And Health," (booklet) " Vitalitas is the pure liquid extract of a natural deposit of a highly energized earth-substance, which either generates- or stimulates the proper flow of vital force in the human body. * * * We know its marvelous Curative and Healing Virtues * * * we wanted to see what diseases it actually would heal; and we put it to that test; and it healed Rheumatism, Indigestion, Malaria, Tonsilitis, Eczema, Catarrh, Tetter, Running Sores, Torpid Liver, Stomach and Bowel Troubles, Leucorrhoea, Bleeding Piles, etc. * * * By its use man is enabled to prolong and enjoy life * * * the purpose of Vitalitas is to Heal and Cure. The active prin- ciple and direct effect of Vitalitas on your system is positively constructive, it being a natural builder, re-generator and re-animator-a creator of new- life, giving energy, or vital force. * * * It is the function of Vitalitas to create or to stimulate this Vital Force and thus to bring the human body back to healthy conditions. It is just as natural for Vitalitas to heal and eliminate weakness and sickness from the human system as it is for coal to burn, or water to moisten, or oil to lubricate, or food to strengthen. * * * Vitalitas is taken into the human body, the energy stored in its atoms is given off as vital force, which produces energy, vitality and health. * * * Vitalitas establishes a normal balance and restores harmony between the- organs of your body, causing them to secrete and function properly, develop- ing the proper flow of health-giving juices, assisting in throwing off and elimi- nating toxic poisons, and removing diseased conditions by removing the cause. ' I have just completed taking six bottles of Vitalitas and I consider myself entirely cured of symptoms of tuberculosis.' ' My trouble had been diagnosed most everything, including consumption. I was partially paralyzed; had a stomach that for years had been no good, and was run down and weakened all over. Could hardly raise a hand to my head. I heard of Vitalitas and thought it worth the trial. You could not pile money enough before me to buy the good that it has done me. I am now a different man. My stomach is as- good as any man's. I have gained in weight and my color is good, and ] have better use of myself than I have had in years. Vitalitas is a blessing- to humanity.' ' For twenty-five years I was troubled with sciatica and mus- cular rheumatism, and now I am free of it. One bottle of Vitalitas has ap- parently cured me. I feel so much better in every way. My wife is now taking it for her general health. No money could buy the good Vitalitas has done me.' Dropsy, Hardness of Liver, Kidney and Bowel Troubles ' July 10, 1912, the doctors tapped me the first time; they kept tapping me then at intervals until May 30, last. In all I was tapped seven times, and each time three gallons of fluid was removed. My waist measure was 22, but I would swell up to 39. I was dying with dropsy. Physicians had marked off on my bare skin the part of my liver they said was hard. For nine months I suf- fered aaonies. I could hardly stand it when I would swell up to 39. I had scarcely any kidney movement or bowel action. My appearance was frightful. After the last tapping they did not think I could live until time for another. On the day following the last tapping I sent for pome Vitalitas. In three days my kidneys began to work, and a day later I had a good bowel action. 1 then went in for Vitalitas for all it was worth. After ten days I was able to go to my place of business. People everywhere would stop me and say, " Why, you have come back to life." My dropsy has entirely disappeared. I am now a well man. I have color in my cheeks. Vitalitas is wonderful.' The ?effects of Vitalitas on weak kidneys is immediate and beneficial. * * * Vitalitas will be found speedily effective for Lucorrhoea and other female com- plaints," which statements were false and fraudulent in that the article con- tained no ingredients or combination of ingredients capable of producing the curative and therapeutic effects claimed. On February 10, 1923, no claimant having appeared for the property, judg- ment of condemnation and forfeiture was entered, and it was ordered by the court that the product be destroyed by the United States marshal. HOWAED M. GORE, Acting Secretary of Agriculture.