18203. Adulteration and Misbranding of Vitalex. U. S. v. 164 Cases, et al., 
of Vitalex. Consent deci'ees of condemnation and forfeiture. 
Product released under bond. (F. &. D. Nos. 25981, 26009. I. S. N'os. 
6921, 27348.    S. Nos. 4248, 4301.)
Examination of a drug product known as Vitalex having shown that it was 
labeled as containing vitamin D, whereas it was worthless as a source of vitamin 
D, the Secretary of Agriculture reported to the United States attorney for 
the Northern District of Illinois the shipments herein described, involving 
quantities of the product located at Chicago, Ill.
On March 4 and March 10, 1931, the United States attorney filed in the Dis- 
trict Court of the United States for the district aforesaid libels praying seizure 
and condemnation of 327 cases of the said Vitalex at Chicago, Ill., alleging that 
the article had been shipped by Chemicals & Drugs (Inc.), from Baltimore, 
Md., in part on October 30, 1930, and in part on February 27, 1931, and had 
been transported from the State of Maryland into the State of Illinois, and 
charging adulteration and misbranding in violation of the food and drugs act.
Analysis of a sample of the article by this department showed that it con- 
sisted of caffeine, salicylic acid, benzoic acid, small proportions of plant drugs 
including licorice, wild cherry, and a laxative drug, strychnine, valeric acid 
and volatile oils, alcohol, and water. Biological examination showed that the 
article was worthless as a source of vitamin D.
It was alleged in the libels that the article was adulterated in that its 
strength fell below the professed standard of strength under which it was sold, 
in that it was labeled as containing vitamin D, whereas it contained no 
vitamin D.
Misbranding was alleged for the reason that the statement on the carton, 
" To which are added Vitamins * * * D," was false and misleading, since 
the article contained no vitamin D.
On March 19, 1931, the I. S. Johnson Co. (Inc.), claimant, having admitted 
the allegations of the libels and having consented to the entry of decrees, judg- 
ments of condemnation and forfeiture were entered, and it was ordered by the 
court that the product be released to the claimant to be relabeled at Chicago, 
111., under the supervision of this department, upon payment of costs and the 
execution of bonds totaling $2,000, conditioned in part that it should not be sold 
or otherwise disposed of contrary to law.
ARTHUR M. HYIDE, Secretary of Agriculture.