27750. Misbranding of Sun-Ray Vita-Lax. V. S. v. 53 Packages and 68 Pack- 
ages of Sun-Ray Vita-Lax. Default decree of condemnation and de- 
struction.    (F. & D. No. 39995.    Sample No. 43945-C.)
This product was labeled to convey the impression that it derived its principal 
activity from plant materials; whereas its principal active agent was phenol- 
phthalein, a laxative coal-tar drug. The labeling also bore false and fraudulent 
representations regarding the curative or therapeutic effects of the article.
On July 20, 1937, the United States attorney for the Northern District of 
Georgia, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 53 small packages 
and 68 large packages of Sun Ray Vita-Lax at Atlanta, Ga., alleging that the 
article had been shipped in interstate commerce on or about April 14, 1937, by 
the Vita-Lax Products Co. from Birmingham, Ala., and charging misbranding 
in violation of the Food and Drugs Act as amended. The article was labeled 
in part: "The Vita-Lax Products Co. Laboratories—Birmingham, Ala."
Analysis showed that it consisted essentially of bran, agar-agar, psyllium 
seed, yeast, and phenolphthalein (approximately 0.3 grain per average level 
teaspoonful).
The article was alleged to be misbranded in that the statements "Sun-Ray 
Vita-Lax" and "The Original Vitamin Laxative," borne on the carton and in 
the circular, were false and misleading since they represented that the article 
was a vitamin laxative; whereas it was not but was essentially a phenol- 
phthalein laxative. It was alleged to be misbranded further in that the state- 
ments on the carton in relatively .large type, "Sun Ray Vita-Lax contains 
Agar-Agar Bran "Wheat Psyllium Seed Sun Ripe Figs Lacto Dextrin Iron 
Yeast Malt," and in relatively small-sized type. "1-10 of 1% Benzoate of Soda. 
Phenothalin 1-2 grain to 2 teaspoonsful," constituted a false and misleading 
device creating the impression that the article consisted largely of plant mate- 
rial ; whereas it did not consist largely of plant material, since the principal 
active ingredient was the synthetic coal-tar laxative drug, phenolphthalein.
It was alleged to be misbranded further in that the carton and the circular 
contained therein bore false and fraudulent representations regarding its 
effectiveness in the treatment of acid ingestion, deficiency diseases, headache, 
nervousness, dizzy spells, backache, poor appetite, pimples or acid skin, kidney, 
liver, and gall-bladder trouble, rheumatism, and arthritis; its effectiveness to 
reduce weight and to increase weight; and its effectiveness in promoting the 
natural activities of the digestive and eliminative organs and in maintaining 
health.
On August 25, 1937, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.