6590. Misbranding of Vbev.    U. S. v. 16 Cans of Vbev.    Decree of condemnation 
and destruction.     (F. D. C. No. 5457.    Sample No. 74285-B.)
LIBEL FILED :    September 25, 1941, Southern District of New York.
ALLEGED SHIPMENT: On or about July 8,1941, from Jersey City, N. J., by Health- 
aids, Inc.
PRODUCT:   16   10-ounce cans of Vbev, at New York, N. Y.
Examination disclosed that the article's content of calcium was 796 milligrams 
per ounce.
LABEL, IN PART : "Vbev A Food Beverage A Food Supplement Rich In Natural 
Vitamin B Complex with Vitamins A, D, and Essential Minerals * * * 
Purity Products Inc. Jersey City New Jersey Ingredients: Diastasic Malt 
Syrup, Dextrose, Whole Liquid Milk, Tricalcium Phosphate, Ferric Pyrophos- 
phate—Soluble, Molasses, Natural Vitamin B Complex and Vitamin A and D 
Concentrate." 
1
VIOLATIONS CHARGED: Misbranding, Section 403 (a), the statement on the label, 
"Not less than the following values for each ounce of Vbev are maintained 
through periodic laboratory assays * * * Calcium 1000 milligrams," was 
false and misleading; the statements in the labeling to the effect that Vbev was 
a new discovery and a new food beverage, developed after years of scientific 
research and investigation, was false and misleading since the article was 
merely a combination of well-known foods; and the statements in the labeling 
which represented and implied that the article was efficacious in the cure, 
mitigation, treatment, or prevention of nervousness, tiredness, sleeplessness, 
underweight, infections, digestive disorders such as diarrhea, lack of appetite, 
gas pains, stunted growth, loss of hair, and general failure in physical well- 
being; and that it was efficacious to form and preserve strong bones and 
teeth, develop proper skin tone, prevent night blindness, over-brittle fingernails, 
dietary anemia, and many skin disorders; that it would protect eyes from 
degeneration and cataract, promote proper assimilation of calcium and phos- 
phorus, provide quick energy between meals, and aid clotting of blood and red 
pigmentation of blood; and that it would provide a valuable supplementary
supply of natural vitamin B complex as well as vitamins A and D and the 
vital minerals, calcium, phosphorus, iron, and copper, were false and misleading 
since the article was not efficacious for such purposes and conditions.
The article was also
" alleged to be misbranded under the provisions of the 
law applicable to drugs, reported in drugs and devices notices of judgment, 
No. 1127. 
DISPOSITION : On June 3, 1942, Purity Products, Inc., claimant, filed an answer 
denying that the product was misbranded. On March 25, 1943, the case having 
come on for trial before the court, the claimant having failed to appear to 
defend, and the Government having presented its proof, the court, on April 
14, 1943, found that the article was misbranded as alleged in the libel. Judg- 
ment of condemnation was entered on April 22, 1943, and the product was 
ordered destroyed.