6792. Misbranding of DPS Formulae.    TJ.  S. v. 11 Bottles of DPS Formula 52,
16 Bottles of DPS Formula 57, 12 Bottles of DPS Formula 58, 11 Bottles 
of DPS Formula 61, and 25 Bottles of DPS Formula 1OO. Default decree 
of condemnation and destruction. (F. D. C. No. 10098. Sample Nos 
15357-F to 15360-F, Incl., 36124-F.)
LIBEL FILED:    June 25, 1943, District of Colorado.
ALLEGED SHIPMENT: From on or about March 23 to May 8, 1943, from the 
Dartell Laboratories, Los Angeles, Calif.
PRODUCT:    The above-mentioned quantities of DPS Formulae at Denver, Colo.
LABEL IN PART: (Formula 52) "Ingredients: Fish Liver Oil concentrate, Soya 
Oil containing lecithin, Wheat germ oil, mixed natural tocopherols, treated 
linseed oil containing the fatty unsaturates, principally linoleic and linolenic 
acids * * * Each perle contains not less than Vitamin A * * * 5000 U. S. P. 
Units Vitamin E (a-tocophoerol activity) 5000 Gammas with 200 Mg. free fatty 
,    acids of linseed*oil (flaxseed oil) principally linoleic and linolenic acids"; (For-
mula 57) "Ingredients: Fishliver oil concentrate, dehydrated garlic and alfalfa, 
lac-sulphur, and chlorophyll * * * Four tablets provide 2000 I. U. of Vitamin 
A,* * * 14: grains of dehydrated Garlic, 4 grains of Sulphur; and 2000 gammas 
of Chlorophyll"; (Formula 58) "Ingredients: Powdered kelp, dicalcium phos- 
phate, fishliver- oil concentrate, yeast, rice polishings, wheat germ * * * One 
tablet before each meal and upon retiring provides: Iodine * * * 0.7 Mg. 
Phosphorus * * * 144 Mg. Calcium * * * 176 Mg. Vitamin' A * * * 
1000 U. S. P. Units"; (Formula 61) "Ingredients: Mixed natural tocopherols 
and wheat germ oil * * * Each Perle contains not less than 5000 Gamma 
Vitamin E (a-tocopherol activity)"; and (Formula 100) "Each Containing: 
Iron (Ferrous) Sulphate (Dried), 2% grs; Liver (Desiccated 1-5), 2 grs.; Stomach 
Substance (Hog), YL gr.; Pepsin (1-3000), 0.25 grs.; Spleen Subst., Y\ gr-J Red 
Bone Marrow, Ye gr.; Kelp (Laminaria Bulbosa), % gr.; Hemoglobin, % gr.; 
Vitamin C, 1000 gammas; Vitamin Bi, 83 gammas; Vitamin B2, 24 gammas." 
VIOLATIONS CHARGED: Misbranding, Section 403 (a), the names "DPS Formula 
52," "DPS Formula 57," "DPS Formula 58," "DPS Formula 61," and "DPS 
Formula 100," appearing on the labels of the respective articles, were false and 
misleading as applied to articles of the compositions stated, since such names 
were devices which represented and suggested to the purchaser thereof that the 
articles were efficacious for the conditions set forth in the booklet entitled "DPS 
Darnell Formulae," that is: (Formula 52) impotency, sexual apathy, and meno- 
pause, loss of muscular tone, anterior pituitary deficiency, and tendency to abort ; 
(Formula 57) hypertension, toxic conditions, and bowel putrefaction; (Formula 58) 
lowered fat and protein metabolism, low B. M. R., thyroid deficiency, low 
calcium metabolism, pregnancy and lactation, nervous disorders, obesity, and 
skin conditions; (Formula 61) sterility, tendency to miscarriage, mental dullness, 
muscular weakness, skin lassitude, weakness of female organs, lack of motility 
of eye lens, paralysis, and anterior pituitary deficiency; and (Formula 100) 
anemias, toxic changes in blood, fatigue, low blood pressure, underweight, hypo- 
functions of adrenals, pregnancy, and preoperative and postoperative conditions. 
The articles were not efficacious for those purposes. The said devices (names) 
acquired those meanings by reason of the fact that the manufacturer of the 
articles had supplied and, together with his agents and employees and distribu- 
tors, had disseminated to prospective purchasers of the articles the aforesaid 
booklet, and such printed matter disclosed the uses for which the articles were 
designed and intended.
Further misbranding, Section 403 (a), the statement appearing on the label of 
the Formula 52, "Each Perle contains not less than * * * With 200 Mg. 
free fatty acids of linseed oil (flaxseed oil) principally linoleic and linolenic acids," 
was misleading since it represented and suggested that the free fatty acids of 
linseed oil, consisting principally of linoleic and linolenic acids in the amount of 
200 milligrams, were of appreciable nutritional and therapeutic significance 
when the article was consumed in accordance with the directions on the label, 
whereas those acids, when so consumed, had no appreciable nutritional or 
therapeutic significance.
The articles were 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. 1124.-
DISPOSITION:    On October 16, 1943, no claimant having appeared, judgment of 
condemnation was entered and the products were ordered destroyed.