26737. Misbranding of cod liver oil. TJ. S. v. Samuel S. Kovacs and Joseph 
Weishaus (Royal Manufacturing Company of Duquesne.) Pleas of 
guilty.    Fine, $50.    (F. & D. no. 37030.    Sample no. 33037-B.)
This case involved interstate shipments of an article labeled "Double *D' 
Double Vitamin Strength Norwegian Cod Liver Oil." The label and package 
bore and contained false and misleading representations regarding the vitamin 
content and potency of the article, and false and fraudulent representations 
regarding its curative and therapeutic effects.
On September 24, 1936, the United States attorney for the Northern District 
of Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Samuel S. Kovacs and Joseph Weishaus, 
trading as the Royal Manufacturing Company of Duquesne, Chicago, Ill., 
charging shipment by said defendants in violation of the Food and Drugs Act 
as amended, on or about December 1, 1934, and April 9, 1935, from the State 
of Illinois into the State of Missouri of a quantity of an article, labeled "Double 
*D' Double Vitamin Strength Norwegian Cod Liver Oil", which was mis- 
branded.
Analysis of a sample of the article showed that it complied with the require- 
ments prescribed for cod-liver oil in the United States Pharmacopoeia, for free 
acid, unsaponifiable matter, saponification value, and iodine value, but that it 
did not contain double the amount of vitamins D and A contained in the 
best grade of cod-liver oil U. S. P.
The article was alleged to be misbranded in that statements borne on the 
bottle labels, on the cartons enclosing the bottles, and in an accompanying 
circular, representing that it was double D vitamin strength, that it was 
double strength, that it supplied at least twice the amount of vitamins A and D 
contained in the best grade of U. S. P. cod-liver oil, that the vitamin potency 
of the article was guaranteed to be not less than 125,000 units of vitamin A 
and 75,000 units of vitamin D per 100 grams, that the article was the finest 
grade Norwegian cod-liver oil, in which the vitamin D content had been doubled, 
that it would go twice as far as even the best and highest grade cod-liver oil,
that it contained double the quantity of vitamin D, that it contained twice the 
quantities of vitamin A and vitamin D found in ordinary cod-liver oil, that 
it was superior, that it represented the highest potency of natural vitamin D 
content, and that the natural vitamin D in the article had been standardized 
to contain not less than 75,000 units per 100 grams, were false and misleading. 
The article was alleged to be misbranded further in that statements regarding 
its curative and therapeutic effects, on the bottle labels, and cartons, and in a 
circular enclosed in the cartons, falsely and fraudulently represented that it 
would be effective to promote growth, to build health and vigor, to strengthen 
the membranes and tissues, to build sturdy bones and proper tooth structure, 
to make one strong and keep one well, to guard the health, to protect the health 
and to resist infection and disease; effective as a preventive of infectious dis- 
eases such as colds, bronchitis, and pneumonia; effective to increase the power 
of resistance of the body; effective as a treatment for wasting diseases, and as 
a remedy in all cases of chronic bronchitis.
On October 26, 1936, the defendants entered pleas of guilty and the court 
imposed a fine of $50.
W. R. GREGG, Acting Secretary of Agriculture.