28331. Misbranding of "Vegetrate Formulas. IT. S. v. 16 Bottles of Vegetrate 
Formula No. D—44, et al. Default decree of condemnation and destruc- 
tion. (F. & D. Nos. 40071 to 40074, incl., 41368 to 41371, incl., 40291 to 
40293, incl., 40115 to 40118, incl. Sample Nos. 36708-C to 36711-C. incl., 
47568-C, 47570-C, 47708-C, 47709-C, 38613-C to 38619-C, incl., 15184-C to 
15189-C, incl.)
The labeling of these products bore false and fraudulent statements and 
devices regarding their therapeutic and curative effects, and false and mis- 
leading statements regarding the amount of minerals they would supply.
On August 17 and 21 and September 21, 1937, and January 17, 1938, the 
United States attorneys for the Northern District ,of Illinois, the Southern 
District of New York, and the Northern District of Ohio, acting upon reports 
by the Secretary of Agriculture, filed in their respective district courts libels 
praying seizure and condemnation of various lots of Vegetrate Formulas at 
Cleveland, Ohio, New York, N. Y., and Evanston, Ill., alleging that the articles 
had been shipped in interstate commerce between the dates of February 28, 
1936, and November 10, 1937, by Vegetrates, Inc., from Los Angeles, Calif., 
and charging misbranding in violation of the Food and Drugs Act as amended.
Analyses of samples showed that Formula No. H-410 consisted essentially 
of material derived from vegetables, including leafy vegetables and garlic—four 
samples analyzed contained 0.03, 0.03, 0.05, and 0.12 grain of phosphorus per 
tablet; Formula No. D-44 consisted essentially of dried vegetable material, 
yielding ash material approximately 1 grain per tablet, representing from 0.08 
to 0.09 grain of calcium, 0.04 to 0.05 grain of phosphorus, 0.003 grain of iron, 
0.1 grain of sodium, 0.03 to 0.04 grain of magnesium, 0.05 to 0.06 grain of 
sulphur, and 0.11 to 0.12 grain of chlorine; Formula No. A-45 consisted essen- 
tially of dried vegetable material containing phosphorus compounds equivalent 
to not more than 0.04 grain of phosphorus per tablet; Formula No. A-417 
consisted essentially of dried vegetable material yielding ash material approxi- 
mately 1 grain per tablet representing from 0.002 to 0.004 grain of iron, 0.09 
grain of calcium, and 0.03 to 0.04 grain of phosphorus.
The articles were alleged to be misbranded in that the following statements 
on the labels of portions and similar statements on the labels of the remainder 
were false and misleading since the articles if consumed in accordance with 
the directions, would supply but inconsequential amounts of the ingredients 
claimed: (Formula No. H-410) "* * * composed of * * * vegetables, 
selected and grown with particular regard to a high phosphorus * * * 
content * * * Directions Adults: 2 to 3 tablets, 3 times a day"; (Formula 
No. A—117) "The actual breakage of the cellulose cells make available organic 
iron, calcium and phosphorous * * * Directions Adults: Three or four 
tablets, three times a day"; (Formula No. A-45) "Is composed of the con- 
centrates of raw vegetables and are so processed and proportioned as to 
make available a high content of organic phosphorus. The leafy vegetable 
ingredients, asparagus, beet leaves and endive, are all prolific sources of 
organic phosphorus, * * * Directions Adults: Three or four tablets, 
three times a day"; (Formula No. D-44) "Vegetrate Formula No. D-44 
is composed of the concentrates of raw vegetables and is so processed and 
proportioned as to make available organic calcium, phosphorus, iron, sodium, 
magnesium, sulphur and chlorine * * * Directions Adults: Three or four 
tablets, three times a day."
Portions of the Formula No. H-410 were alleged to be misbranded further 
in that the statement appearing on the label, "Garlic Tablets," was false and 
misleading since the article contained ingredients derived from vegetables 
other than garlic.
The articles were alleged to be misbranded further in that the combination 
of letters and numbers, "Vegetrate Formula No. D-14 [or "H-^10," "A-417," or 
"A-45"]," borne on the labels of the respective products, were devices regard- 
ing the curative and therapeutic effects of the article since they meant to 
purchasers that the articles were treatments for diabetes, high blood pressure, 
asthma and hay fever, and arthritis, respectively, having attained such mean- 
ing to purchasers as the result of statements appearing in booklets entitled 
"Wrong Diet the Curse of the Age," which were distributed to customers and
prospective customers and in which the said articles were separately described 
as being effective as follows: Formula D-44 in the treatment of diabetes; 
Formula H-410 in the treatment of high blood pressure; Formula A-417 in 
the treatment of asthma and hay fever, and Formula A-45 in the treatment 
of arthritis.
Portions of the "A-45" and "H-410" were alleged to be misbranded further 
in that the statement, "This product is not intended for the treatment of 
disease but is a food adjuvant and tends toward the building of health," borne 
on the bottle label, was false and fraudulent since the article was not a food 
adjuvant tending toward the building of health.
On October 9 and 15 and November 8, 1937, and April 12, 1938, no claimant 
having appeared, judgments of condemnation were entered and the products 
were ordered destroyed.
HAEBT L. BROWN, Acting Secretary of Agriculture.