6594. Misbranding of Vitality Vitamins. U. S. v. 41 Cartons of Vitality Vitamins. 
Default decree of condemnation and destruction. (F. D. C. No. 9408. 
Sample No. 13263-F7)
LIBEL FILED :   March 13, 1943, Western District of Washington.
ALLEGED SHIPMENT : On or about December 31, 1942, from Chicago, Ill., by the 
Belmont Laboratories.
PRODUCT: 41 cartons, each containing 20 boxes of 7 capsules each, of Vitality 
Vitamins, at Seattle, Wash.
LABEL IN PART :    "Vitality Vitamins Contain Vitamins A• Bi D • G (B2)." 
VIOLATIONS CHARGED:   Misbranding, Section 403 (a), certain statements on the 
cartons and individual boxes and in a circular entitled "Know Your Vitamins," 
inserted in each carton, were false and misleading since they represented and
suggested that the article was efficacious in the correction or prevention of 
lowered resistance, coughs, colds, retarded growth, loss of weight, eye diseases, 
intestinal disorders, nervousness, constipation, slow heart rate, loss of appetite, 
reduced well being, dental decay, poor tooth development, rickets, and soft 
bones, whereas the article was not so efficacious; and the said statements com- 
pared the vitamin content of the article with that of eggs, milk, and bananas, 
and, when read in connection with the statements in the labeling with respect 
to the loss of vitamins from ordinary foods in the usual manner of preparation, 
they represented and suggested that it is not practicable to obtain an adequate 
amount of vitamins through the consumption of ordinary food as usually pre- 
pared, whereas adequate amounts of vitamins can be obtained through the 
consumption of ordinary food as usually prepared; Section 403 (d), the carton 
and boxes containing the article were so filled as to be misleading since they 
contained fewer units than the size of the containers indicated were included 
therein; Section 403 (j), the article purported to be and was represented as a 
food for special dietary use by reason of its vitamin content, and its label failed 
to bear a statement of the proportion of the minimum daily requirement of 
riboflavin, vitamin G (B2), furnished by a specified quantity of the food when 
consumed as directed during a period of 1 day; and, Section 403 (f), the infor- 
mation concerning its vitamin, mineral, and other dietary properties, required 
under authority of Section 403 (j), was not prominently placed on the label 
with such conspicuousness (as compared with other statements on the label) 
as to render it likely to be read by the ordinary individual under customary 
conditions of purchase and use.
The article was also alleged to be misbranded under the provisions of the 
law applicable to drugs, as reported in notices of judgment on drugs and devices, 
No. 1080. 
DISPOSITION:   September 16, 1943.   No claimant having appeared, judgment of 
condemnation was entered and the product was ordered destroyed.