6787. Misbranding of Bates vitamin preparations. U. S. v. 320 Bottles of Vita- 
min Preparations. Decree of condemnation. Products ordered released 
under bond for relabeling. (F. D. C. No. 9897. Sample Nos. 3056-F to 
3063-F, incl.)
LIBEL FILED:    On or about May 13, 1943, Western District of Missouri.
ALLEGED SHIPMENT:    From Chicago, Ill.', by the Bates Laboratories, Inc.
PRODUCT: 24 bottles, each containing 120 tablets, of Bates Natural B Complex, 
and 16 bottles of Bates Riboflavin Vitamin B2 (G), 16 bottles of Bates (Thiamin) 
Vitamin Bi, 16 bottles of Bates (Nicotinic Acid) Niacin, 16 bottles of Bates 
(Ascorbic Acid) Vitamin C, 24 bottles of Bates Vitamin A and D, and 208 bottles 
of Bates Calcium Pantothenate, each of which contained 30 tablets, at Kansas 
City, Mo. The articles were received by the consignee between February 2 
and March 2|), 1943.
Examination disclosed that the natural B complex tablets contained ribo- 
flavin, thiamine, and yeast; that the riboflavin tablets and the thiamine tablets 
contained riboflavin and thiamine, respectively; that th,e niacin tablets con- 
tained 10.7 milligrams of niacin each; that the vitamin C tablets contained 30.4 
milligrams of ascorbic acid each; that the vitamin A and D tablets contained 
vitamins A and D; and that the calcium pantothenate tablets contained ap- 
proximately 10 milligrams of calcium pantothenate each.
VIOLATIONS CHARGED: Misbranding, Section 403 (a), the statements appearing 
on the display cards headed "Vibrant Health and Beauty," on the circulars 
headed "We Feature the Complete Line of Bates Vitamin Products," on the 
placards headed "Bates Anti-Grey Hair Vitamins," and on the leaflets entitled 
"Bates Line of Vitamins," were false and misleading since they represented and 
suggested that the articles, singly or in combination, were effective treatments 
for loss of weight, loss of appetite, nervous disorders, skin troubles, nutritional 
disorders, bleeding gums, anemia, indigestion, gray hair, general body weakness, 
night blindness, impaired reproduction and lactation, atrophy of glands, teeth 
decay, nail brittleness, constipation, abdominal distress, gas, nausea, headaches, 
asthenia, damage to heart muscles, and retarded growth, whereas the articles, 
singly or in combination, were not effective treatments for the conditions men- 
tioned; and, Section 403 (j), the natural B complex tablets and the calcium 
pantothenate tablets purported to be and were represented as foods for special 
dietary uses by reason of their vitamin content and calcium pantothenate con- 
tent, respectively, and their labels failed to state, as required by the regulations, 
in the case of the B Complex Tablets, that the need in human nutrition for 
vitamin Be, pantothenic acid, and all other factors of the B complex as found 
in dried brewers' yeast (except thiamine, riboflavin, and niacin), has not been 
established, and, in the case of, the calcium pantothenate tablets, that the need 
for calcium pantothenate in human nutrition has not been established.
The articles were also alleged to be misbranded under the provisions of the 
v law applicable to drugs, as reported in notices of judgment on drugs and devices, 
1 No. 1128.
DISPOSITION: June 26, 1943. The Bates Laboratories, Inc., claimant, having 
admitted the allegations of the libel, judgment of condemnation was entered and 
the products were ordered released under bond to be relabeled in compliance 
with the law, under the supervision of an employee designated bykthe Federal' 
Security Administrator.