21778. Misbranding of Vitalitea. U. S. v. 247 Packages of Vitalitea. De- 
fault decree of condemnation and destruction. (F. & D. no. 30868. 
Sample no. 29702-A.)
Examination of the drug preparation, Vitalitea, disclosed that it contained no- 
ingredient or combination of ingredients capable of producing certain curative 
and therapeutic effects claimed in the labeling.
On or about August 17, 1933, the United States attorney for the District of 
Arizona, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 247 packages of 
Vitalitea at Phoenix, Ariz., alleging that the article had been shipped in 
interstate commerce on or about June 19, 1933, by the Vitalitea Co., from 
Los Angeles, Calif., and charging misbranding in violation of the Food and 
Drugs Act as amended.
Analysis of a sample of the article by this Department showed that it con- 
sisted essentially of a mixture of senna and mats.
It was alleged in the libel that the article was. misbranded in that the 
following statements appearing on the carton and in a circular shipped with 
the article, regarding its curative and therapeutic effects, were false and 
fraudulent: (Carton) "Vitalitea In Every Vitality'    *   *   *   Directions Put
one tablespoonful Vitalitea in pot containing two cups boiling water, steep 
until it is cool enough to drink. Pour thru strainer. Note:—(This amount 
can be steeped four times and the fourth steeping equally as beneficial as the 
first). * * * No worries about fat, indigestion gas, * * * When you 
drink Vitalitea, common sense dieting assists materially in obtaining desired 
results. Vitalitea having diuretic and laxative qualities. Promotes elimina- 
tion thru proper channels * * * Vitalitea Company "; (circular) " Vitalitea 
Reduce Safely While You Eat * * * Vitalitea The value of Vitalitea 
as a weight balancing agent does not depend upon any arbitrary diet rules 
or charts. 'You may eat any sensible food and follow your natural eating 
habits, but do not eat three substantial meals in a row. If you had a light 
lunch you may have a heavier dinner or vice-versa. If you are eating roast 
pork, for Instance, eat sparingly of potatoes, beans, gravy, bread and butter, or 
sweet dessert. Vitalitea is a normalizer, a balancer of weight, a natural 
method of eliminating excess fat. But, the more of fat producing foods you 
eat the harder it is for Vitalitea to help you reduce, and the longer it will 
take to reach the desired weight. * * * To help you in a sensible way, 
without, loss of health or vitality, or drastic changes in your eating habits, 
we recommend the following method of using and choosing your food * * * 
Keep Your, Healthy With Vitalitea No longer need you starve yourself sick 
or endanger your health with harmful reducing drugs or worry about every 
morsel of food you take. Vitalitea, the. scientifically blended, health-building 
herb beverage helps you reduce safely while you eat. Vitalitea Balances your 
weight, eliminates surplus fat and does it in a safe, sensible, Natural Way. 
Vitalitea stimulates your muscles and glands. It is a splendid tonic * * * 
and regulator. It contains all the necessary food elements to maintain health 
and vitality., It is ^recommended as a safe-guard against insomnia, as an aid 
ia the cure pf stomach and kidney trouble, aad as a stimulant without any 
reaction. Drink Vitalitea *• * * * Drink before, after, or with your meals, 
and reduce Safely while you eat.   The Vitalitea Company."
On October 16, 1933, no claimant having appeared for the property, judg- 
ment of condemnation was entered, and it was ordered by the court that the 
product be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.