2549. Adulteration  and misbranding of R   M  Dietary  Supplements  Vitamin A
and D.    XJ..S. v. 38 Bottles of R M Dietary Supplements Vitamin A and D. 
Default decree of condemnation.  Produet ordered distributed to hospitals.
(F. D. C. No. 4304.    Sample No. 8319-E.)
This product was represented to contain 3,140 International.Units of vitamin 
A and 314 International Units of vitamin D per tablet, but contained not more 
than 30 U. S. P. units of vitamin A and not more than 150 U. S. P. units of 
vitamin D. (By definition, 1 U. S. P. unit of vitamin A or D is equivalent to 
1 International Unit of the same vitamin.) A large core of cotton extended 
more than half way to the bottom of the bottle and tablets surrounded the 
cotton. When the cotton was removed, the tablets filled the bottle approximately 
half full.
On April. 12, 1941, the United States attorney for the District of Minnesota 
filed a libel against 38 bottles of the above-named product at Minneapolis, Minn., 
alleging that the article had been shipped in interstate commerce on or about 
November 2, 1940, by Ryer Mouser from Los Angeles, Calif.; and charging 
that it was adulterated and misbranded.
The article was alleged to be adulterated in that valuable constituents, namely, 
vitamins A and D, had been wholly or in part omitted or abstracted therefrom.
It was alleged to be misbranded in that the following statements on the label 
were false and misleading: "Each Tablet Contains Vitamin A from fish liver 
oil * * * 3140 I. U. Vitamin D from fish liver oil 314 I. U." It was alleged 
to be misbranded further in that its container was so filled as to be misleading.
It was also alleged to be adulterated and misbranded under the provisions 
of the law applicable to drugs, as reported in D. D. N. J. No. 477.
On May 29, 1941, no claimant having appeared, judgment of condemnation was 
entered and the produet was ordered distributed to hospitals chosen by the 
marshal in his discretion.