' 8789. Misbranding of Vitaminerals., TJ. $.Ly entitles of Vitaminerals VM-No. 1,\ '<•<- \ * et al. Default decree of condemnaiibnfand, destruction. (JT. D.C Nos. ' - ; - / • 7938,' 7939," '7941, 7942. Sample' Nos;*"8l¥5f4E,- 814.52-E, 81454-E to 81456-E, incl:> " ' ,' " ' -' .""T-'-*' -V - On July 29,1942, the United States attorney for. the District of Colorado filed a libel at Denver, Colo., against 6 bottles of Vitaminefals VM No. 1, 7 boxes of Vifai- minerals VM No. 1-fc, 8 bottles of Vitaminerals ' VM No. 100, and 35 bottles of Vitaminerals VM No. 120. A part of one of the shipments consisted of some book- lets entitled "Vitamineral Therapy" and some cards entitled "Therapy Chart Doctors' Reference Chart." The article had been consigned in interstate com- merce within the period from on or about May 5 to May 27, 1942, by the Vita- minerals Co. from Los Angeles, Calif. Examination of a sample of Vitaminerals VM No. 1 showed that the article consisted mainly of rhubarb root with smaller proportions of other plant mate- rial rials, including Irish moss, okra, cranberry fruit, and parsley leaf. The tablets, including coating, weighed 0.7 gram each, of which 0.2 gram was mineral matter. It was alleged to be misbranded in that the statements in the booklet entitled ' 'tVitamineralTherapy" and upon the card entitled "Therapy Chart Doctors' Refer- ence Chart," relating to the article were false and misleading since they repre- sented and stiggested that the preparation was essentially a vitamin constipation tablet or a vitamin-mineral laxative, and was-a dietary supplement and a food. In fact, the preparation was not a vitamin constipation tablet or a vitamin-mineral laxative, but was essentially a rhubarb, laxative, and was not a dietary supplement ' or a food. It was alleged to be misbranded further in that it was represented and suggested as a primary or secondary supplement in cases of arthritis due to excess calcium, arthritis due to systemic origins, colds, hemorrhoids, neuralgia, neurosis, obesity, and tonsillitis, whereas it would not be effective for any of these conditions. ' Examination of a sample of Vitaminerals VM No. 14- showed that the, article consisted essentially of plant materials, including rhubarb root, cascara sagrada,- podophyllum, Irish moss, cranberry fruit, parsley leaf, okra, a pungent drug such as cayenne pepper, and traces of peanut hull, and seed coat tissues. The article was alleged to be misbranded in that the statements appearingTn the booklet and the card referred to above, concerning this article were false and misleading since they represented and suggested that it was a vitamin laxative or a vitamin- mineral laxative, and a dietary supplement. The preparation was essentially a rhubarb, cascara, and podophyllum laxative, and it was hot a dietary supple- ment. It was alleged to be misbranded further in that it was offered as a primary or .secondary supplement in the treatment of cases of colds, intestinal cramps, hemorrhoids, systemic hypertension, biliary stasis, engorgement of the liver, jaundice, malaria, neuralgia, neurosis, obesity, and tonsilitis, whereas it would not be efficacious for these purposes. - Examination of a sample of Vitaminerals VM No. 120 showed that the article consisted essentially of aluminum sulfate (approximately 15 percent), iron sulfate (approximately 9 percent), glycerine, and water. The article was alleged to be misbranded in that the statements "containing ferric sulphate," appearing on the ' carton and bottle labels; and "Vitamineral No. 120 Ferric Sulphate, Ferrous Sul- phate and Ferric Phosphate," in the booklet entitled "Vitaminerals, Therapy," were false and misleading since the article did not contain any ferric phosphate, and since such statements failed to reveal that the article contained a prepon- derating proportion of the astringent drug aluminum sulfate. It was alleged to be misbranded further in that the therapeutic claims made in the -booklet "Vita- mineral Therapy" and upon the card "Therapy Chart Doctors' Reference Chart" were false and misleading since the article was not efficacious for the purposes claimed. Some of the representations and suggestions made were that the article would be effective for use in .colonic therapy, as a mouth wash, gargle, and swab, for trench mouth, and as a nasal douche. It was offered as ah eye wash, for local infections of the ear canal, cuts, sores,hemorrhoids, and,gastric ulcers. It was further offered as a primary or secondary suppleniehtal treatment in the following conditions:' Acne, acidosis, albuminuria, alcoholic, neuritis, ameba, amenorrhea, " anemia, angina pectoris, asthenia, asthma; boils, Bright's disease, calculi of the bladder and kidneys, calcium in lenses, catarrh, colitis, colon diseases, corneal ul- ceration, intestinal and uterine cramps, cystitis, diarrhea, faulty digestion, dys- < Amenorrhea, ear infections, eczema, empyema, endocervicitis; endometritis; enter- itis, eye infections, fistula, gall bladder inflammation, gallstone, gastritis, gastfd- intestihal disturbances, hay fever, hemeralopia, hemophilia, uterine hemorrhage, :hivesi impetigo; influenza, intestinal disorders, kesratonTalaeia, kidney disorders, kidney inflammation, laryngitis, leg ulcers, leukorrhea, diseases of the live-t, lymph infections, mal-petit-grand, malaria, malnutrition, excessive, deficient;, or • painful menstruation, miscarriage, nausea and vomiting of pregnancy, neuras- thenia,, ol'd age, ophthalmia, orchitis, polypus—vaginal, uterine^ and rectal, pros- tatitis, proctitis, psoriasis, pterygium, pyorrhea, lack of resistance, respiratory infections, septicemia, shingles, sinusitis, skin dsorders, sty, loose teeth,-tetany, tonsilitis, trench mouth, tuberculosis, duodenal, gastric, and stomach ulcers, uterine prolapsus, vaginitis, varicose ulcers and veins, tape or, helminth worms, and xerophthalmia. The articles were also alleged to be misbranded under the provisions of the law applicable to drugs as reported in drugs and devices notices of judgment, No. 946, On September 21,1942, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.