2987. Adulteration and misbranding of Bio Vita Vitamin Oil.    U. S. v. 23 Gallon
Cans of Bio Vita Vitamin Oil.    Default decree of condemnation and de- 
struction.    (F. D. C. No. 4378.   Sample No. 60505-E.)
Biological examination of this product showed that it contained not more than 
175 U. S. P. units of vitamin D per gram; whereas it was labeled as containing 
250 .U. S. P. units of vitamin D per gram. It also contained false and misleading 
claims in the labeling.
On April 21, 1941, the United States attorney for the District of Massachusetts 
filed a liber against the above-named product at Lexington, Mass., alleging that 
it had been shipped by Bioproducts, Inc., from Astoria, Oreg., on or about 
February 11, 1941; and charging that it was adulterated and misbranded.
The article was alleged to be adulterated in that a valuable constituent, namely, 
vitamin D, had been in whole or in part abstracted therefrom.
It was alleged to be misbranded in that the following statements on the label 
were false and misleading since it would not be efficacious for such purposes: 
"250 USPXI Units Vitamin D per gram * * * Vitamin A is important to 
good fur, to build resistance to respiratory diseases, to insure good breeding, 
to promote growth, to prevent urinary calculi. Aids in maintaining good skin 
condition."
The article was also alleged to be adulterated and misbranded under the pro- 
visions of the law applicable to drugs, as reported in D. D. N. J. No. 570.
On July 8, 1941, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.