15914. Adulteration and misbranding of Vesro-Fruto. TJ. S. v. 5% Dozen, et al., Cartons of Vego-Fruto. Default decree of destruction en- tered. (F. & D. No. 22497. I, S. No. 13225-x. S. No. 603.) On May 4, 1928, the United States attorney for the District of Utah, acting upon a report by the Secretary of Agriculture, filed in the District Court of the United States for said district a libel praying seizure and condemnation of 5% dozen 500 size, 45 dozen 250 size, and 8 dozen 100 size cartons of Vego-Fruto, remaining in the original unbroken packages at Salt Lake City, Utah, alleging that the article had been shipped by the M. & O. Manufacturing Co., from Seattle, Wash., on or about August 18, 1927, and had been transported from the State of Washington into the State of Utah, and charging adulteration and misbranding in violation of the food and drugs act as amended. Analysis of a sample of the article by this department showed that it consisted essentially of plant materials, including figs and senna. It was alleged in the libel that the article was adulterated in that it contained senna, an added deleterious ingredient, which might have rendered it injurious to health. It was further alleged in the libel that the article was misbranded in that the following statements, borne on the labels, were false and misleading: (Carton, 500 size) "Fruit and raw vegetable food-Vego-Fruto without drugs; " (carton, 100 size) "Fruit cubes;" (circular) " Vego-Fruto intended to mean Fruits and Vegetable product. * * * The only one registered with the United States Government as such a ' Vego-Fruto' * * * without drugs * * * Vego-Fruto contains concentrated and consolidated fruits and raw vegetable product, * * * perfect child's nourishing food laxative, * * * absolutely pure and nutritious fruit and vegetable content. Many of the most drastic drugs are made from vegetables and herbs, so do not accept any sub- stitute for Vego-Fruto, or be deceived by remedies claimed to be only herb or 46012-29 2 purely vegetable cathartics, etc. Vego-Fruto as a food, costs no-, more than other /choice delicacies * *.?*.- . One bar of Vego-Fruto may equal as food for that of two oranges. Is equal to a pound of fruit or to castor, oil as a laxative if taken as nature intended * * *.. Vego-Fruto-Vitamin, 'Food Laxative'- contains none of the poisonous drugs made from vegetables and what is claimed to be harmless remedies from nature's herbs, etc., nor is it like tablets or any form of pills of which your doctor should tell you to beware * * *. Nature's way is the best-Get the Vital Vitamins necessary in your food each day; Vego-Fruto has calories of the right vitamines needed in the proper diet. No drugs should be taken for constipation, when, possible to prevent it. Very few, if any, people eat enough raw fresh vegetables." Misbranding was alleged for the further reason that the following .state- ments in the labeling, regarding the curative and therapeutic effects of the article, were false and fraudulent, since the said article contained no in- gredient or combination of ingredients capable of producing the effects claimed: (Cartons, all sizes) "For good health; " (carton, 500 size) "Vitality Vitamines. Preserve the youthful vigor and vitality Eat Vego-Fruto food. If strong and healthy then eat % bar with each meal;" (carton, 250 size) "Vego-Fruto stimulates the intestinal muscles thereby proving of lasting benefit to the whole family;" (carton, 100 size) "Vego-Fruto sweetensf the stomach, liver., bowels. In the morning you will be pleasantly surprised to find yourself feeling un- usually fit, your languid feeling has disappeared for the delicious fruit cubes have assisted your digestive organs, worked upon your liver * * * helping to keep them in a healthy condition, and you start a new day refreshed and invigorated;" (circular) "The vital * * * food. * * * eat about one- half (%) a bar of Vego-Fruto with each meal to furnish the body the Vital Vitamines necessary for correcting the liver, aiding digestion, to relieve acid stomach and gas, and to give new energy and pep, and keep free from con- stipation's deadly poisons; Vego-Fruto forms no habit but the health habit * * * . Vego-Fruto will neither reduce or increase your' weight, but if your glands and organs are properly working then nature will reduce your weight as low as you wish if you omit sufficient fat producing foods-also with proper glands, etc., doing the work you may increase your weight-* * * proper food strengthens the body if kept healthy with Vego-Fruto. Vego-Fruto sweet- ens the stomach, acts on the liver, and with proper diet and sufficient exercise, etc., perpetuated, will absolutely regulate the bowel action. Vego-Fruto will relieve children of worms and help to regulate their system. Try it for dizzi- ness and for settling the stomach, with or without your favorite drink,, or with water-For acid stomach and for quieting the nerves. Try it for headache, morning or evening, and for restoring your youthful energy, and for putting you up on your toes and for that tired feeling caused by an inactive liver; for bleeding, or any form of piles, or anything affecting the food. Doctors with high standards who have personally tried Vego-Fruto and eminent authorities quoted internationally, with records to show at our office, state-that Vego- Fruto is * * * good for improving the digestion, and * * * that It Is A Wonder-that if we eat three (3) times a day that the bowels should act three times * * * and many equally important statements, including-That in all cases Vego-Fruto should prevent nausea following pregnancy and-that if expectant mothers would eat a proper amount of Vego-Fruto there would be no constipated babies. For adults, in cases of severe colds * * * and head- ache." On June 12, 1928, no claimant having appeared for the property, judgment was entered finding the product adulterated and misbranded and ordering that it be destroyed by the United States marshal. ABTHXIB M. HYDE, Secretary of Agriculture.