5786. Misbranding of Viteen.    U. S. v. 2,369 Jars and 929 Jars of Viteen.    Con- 
sent decree of condemnation.    Product ordered released under bond for
T relabeling.    (E\ X>. C. No.. 8862.   Sample No. 193T-F, 1Q47-E.)
" Examination showed that the article consisted primarily of ~ dried skimmed 
milk with smaller proportions of egg yolk, a sugar, cereal products, calcium 
and phosporus- compouhds, and flavoring material. It contained 27.8 percent 
protein,   10.3 percent  mineral   ash,   2.4   percent   calcium,   and   1.54   percent
•phosphorus. 
V
On November 17, 1942, the United States attorney for the Northern District, 
"' of Illinois filed a libel against 2,369 jars, 8-ounce size, and 929 jars, 18-ounce 
size, of Viteen at Chicago, Ill., alleging that the article had been shipped 
interstate commerce within the period from on or about August 15 to October
, 27, 1942, from Rochester, N. Y., by L. N. "LeBpld & Co.; and charging that it 
was misbranded.
' It was alleged to be misbranded in that the statements, designs, and devices 
appearing in its labeling which represented and suggested that the article con- 
stituted'- a suitable dietary supplement for use in restricted and unbalanced 
diets of .various types and whenever disturbances were apt to occur due to 
nutritional deficiencies," and that the use of the article would result in the 
reduction of weight were false and misleading since the article did not constitute 
a suitable dietary supplement for use in such conditions, and its use would not 
result in the reduction of Weight. It was alleged to be misbranded further in 
that the following statements appearing in its labeling, "Analysis Each 100 
grams Of Viteen •*¦•'¦*;'*, contains: * * * Proteins * * * 31.95 Min- 
eral Ash'13.28 Calcium 3.19 Phosphorus 1.79," were false and misleading since 
each 100 grams of the article did not contain the represented amounts of the 
ingredients named. 
It was also alleged to be misbranded under the provisions of the law applicable
to drugs, as reported in the notices of judgment on drugs and devices, No. 990.;, 
:
"'    On December 1, 1942, L. N. LeBdld & Co., claimant, having admitted the facts 
„   set forth in the libel, judgment of condemnation was entered and the product was; 
^ordered released under bond for relabeling, under the supervision of the Pood 
and,Drug Administration, 
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