6592. Misbranding of Vita, Sert (candy).    U. S. v. 367 Cases of Vita Sert.    Decree
of condemnation.    Product ordered released under bond.     (F. D. C. No.
10453.    Sample No. 11550-F.)
LIBEL FILED :   August 23, 1943, Northern District of California.
ALLEGED SHIPMENT : On or about July 20,1943, by the Cook Chocolate Co., from 
Chicago, Ill.
PRODTJOT: 367 cases, each containing 12 boxes of 24 bars each, "of Vita Sert 
(candy), at San Francisco, Calif.,
VIOLATIONS CHARGED: Misbranding, Section 403 (a), the statement on the label 
of the article and on a card enclosed in the boxes containing the bars, "A 
Bar a Day Supplies Daily Needed Vitamins," was misleading in that it sug- 
gested that one bar supplied the minimum daily requirements of each of the 
vitamins listed, whereas the article supplied not more than three-fourths of 
the minimum- daily requirement of vitamin A, not more than two-thirds of 
vitamin Bi, and not more than one-half of riboflavin; and, Section 403 (j), the 
article purported to be and was represented as a food for special dietary uses
by .reason of its vitamins A, Bi, D, riboflavin, and calcium pantothenate con- 
tent, and its label failed to state, as required by the regulations, the pro- 
portion of the minimum daily requirement of vitamins A, Ba, D, and riboflavin 
contained in a specified quantity of .the article, and that the need for pan- 
tothenic acid in human nutrition has not been established. 
DISPOSITION: May 18, 1944. The Cook Chocolate Co. having appeared as 
claimant, judgment of condemnation was entered and the product was ordered 
released under bond to be brought into compliance with the law under the 
supervision of the Food and Drug Administration. The product was sub- 
sequently relabeled.