20744. Misbranding of Vita sal-re and Ol De Vita. V. S. v. 250 Tabes of 
Vita Sal-re and 144 Bottles of Ol de Vita. Default decrees of con- 
demnation, forfeiture, and destruction. (F. & D. nos. 28670, 28674. 
Sample nos. 1116-A, 1124-A.)
Examination of the products covered by these cases disclosed that they con- 
tained no ingredients or combinations of ingredients capable of producing 
certain curative and therapeutic effects claimed in the labeling. Bacteriological 
tests of the Ol De Vita showed that it was not bactericidal, as claimed.
On August 25, 1932, the United States attorney for the Southern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States libels praying seizure and condemnation of 
250 tubes of Vita salve and 144 bottles of Olive Vita, remaining in the original 
unbroken packages at Los Angeles, Calif., alleging that the articles had been, 
shipped in interstate commerce, the former on or about July 16, 1931, and the 
latter on or about July 16, 1932, by the Bika Biochemiical Laboratories, from 
Philadelphia, Pa., into the State of California, and charging misbranding in 
violation of the Food and Drugs Act as amended.
Analyses of samples of the articles by this Department showed that Ol De 
Vita consisted of essential oils including peppermint oil. Bacteriological exami- 
nation showed that the article undiluted failed to kill a resistant strain of 
Staphylococcus aureus in 1 hour at body temperature; and that Vita salve 
consisted essentially of petrolatum, paraffin, and 21.4 percent of volatile oils 
including peppermint oil and methyl salicylate.
It was alleged in the libel filed against the said Ol De Vita that the article 
was misbranded in that the following statements appearing on the bottle and 
wrapper label were false and misleading, since it was not bactericidal: " Prop- 
erties : destroys cold and catarrhal pus bacilli when taken internally—10 to 20 
drops, in tablespoonful water twice daily." Misbranding of both products was 
alleged for the reason that the following statements regarding the curative and
therapeutic effects of the articles were false and fraudulent:  (01 De Vita, bottle 
and  wrapper  label)   "01   de  Vita   *   *    *    Properties: destroys  cold   and / 
catarrhal pus bacilli when taken internally—10 to 20 drops, in tablespoonful \ 
water, twice daily.   External rubbing on effected parts, relieves and conquers 
rheumatic conditions "; (01 De Vita, circular) " 01 De Vita   *    *    *   healing.
* * * relieves various types of pain caused by: * * * ear-ache, tooth- 
ache,    *    *    *    dislocations, indigestion and muscular rheumatic  conditions.
* * * for anointing * * * eruptions of the skin, * * * for colds 
of the nose and throat. * * * as a tonic for nervousness and chronic weak 
nerves and sleeplessness. * * * as a recuperative in cases of mental and 
bodily exhaustion. * * * most effective (diluted with olive oil) in dissolv- 
ing gall stones, neutralizes uric acid blood content. * * * in promoting 
health of mouth and teeth; perfecting the health and beauty of the features.
* * * to promote healthy hair growth. * * * and sometimes elimination 
of hemorrhoids (piles). * * * effective in combatting diseases of animals 
and fowls.   *    *    *   Most effective remedy in emergency and chronic cases.
* *    *   Apply a few drops to pain area,    *    *    *    In rheumatic conditions
* * * For internal treatment: 10 drops on a small lump of sugar or table- 
spoonful of water or tea";  (Vita salve, carton) "Remedy for Many Ailments
* * * 01 de Vita * * * Vita Salve * * * Healing"; (Vita salve, 
tube)  "Vita-Salve   *    *    *   Skin Eruptions—   *   *    *   Rheumatism."
On March 31, 1933, no claimant having appeared for the property, judgments 
of condemnation and forfeiture were entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
R. G. TUGWHLI,, Acting Secretary of Agriculture-