6595. Misbranding of Vitamato.    IT. S. v. 866 Cases of Vitamato.    Consent decree
of condemnation.    Product ordered released under bond.     (F. D. C. No.
,  11766.    Sample No. 40978-F.)
LIBEL FILED :    On or about February 10, 1944, Northern District of Texas.
ALLEGED SHIPMENT: On or about August 11, 1943, by the Login Corporation, 
from San Francisco, Calif.
PRODUCT:    866 cases, each containing 48   12-ounce bottles, of Vitamato.
VIOLATIONS CHARGED: Misbranding, Section 403 (a), the vignette of a tomato, 
the name "Vitamato," and the statements, "A -Delicious Refreshing Cocktail 
made from tomatoes * * * Contains Vitamins A, B & C," which appeared 
on the labels of the article, were false and misleading since they represented 
and suggested that the article was a tomato juice cocktail, a product generally 
understood to be tomato juice with added spices, and that it contained nutri- 
tionally consequential amounts of vitamins A, B, and C in the amounts nor- 
mally present in tomato juice or tomato juice cocktail, whereas the article was 
made from tomato paste, water, spices, and. dextrose, and contained sub-
¦ stantially smaller amounts of vitamins A, B, and C than are present in tomato 
juice or tomato juice cocktail, and insignificant amounts of vitamins B and C; 
and the statement on the label, "Enriched with Dextrose" was misleading since 
it suggested that the nutritional value of the article had been significantly im- 
proved by the addition of dextrose, whereas the nutritional value of the 
article had not been significantly improved by the addition of dextrose.
DISPOSITION : March 13,1944. The Login Corporation, claimant, having admitted 
the facts in the libel, 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.