8084. Adulteration of Bragg Mira-Cal Tablets, and misbranding and alleged Adulteration of Royee's Vitamin A and D Tablets. U. S. v. William Theodore Thompson (Wm. T. Thompson Co.). Plea of not guilty. Tried to the court. Verdict of not guilty on one count, guilty on the remain- ing two counts. Fine, $500. (F. D. C. No. 11427. Sample Nos. 757-F, 39338-F.) INFORMATION FILED : July 27, 1944, Southern District of California, against William Theodore Thompson, trading as the Wm. T. Thompson Co., Los Angeles, Calif.; charging the defendant with giving false guaranties. The guaranties were given by the defendant to the Royce Pharmacal Co., Los Angeles, Calif., and the Live Foods Products Co., Burbank, Calif., on or about August 14, 1941, and March 3,1943, and they provided that all foods furnished by the defendant to the latter firms, then or thereafter, would be neither adulterated nor mis- branded within the meaning of the Federal Food, Drug, and Cosmetic Act. On or about December 30, 1942, the defendant sold and delivered to the Royce Pharmacal Co. a quantity of Royee's Vitamin A and D tablets which were misbranded and allegedly adulterated, and between the approximate dates of April 12 and May 4, 1943, sold and delivered to the Live Food Products Co., a quantity of Bragg Mira-Cal Tablets that were adulterated. The Bragg Mira- nda Tablets were shipped from Burbank, Calif., to Chicago, Ill., between the approximate dates of May 5 and 13, 1943, and the Royce's Vitamin A and D Tablets were shipped from Los Angeles, Calif., to Phoenix, Ariz., on or about January 18,1943, by the firms holding the guaranties. VIOLATIONS CHARGED : Bragg Mira-Cal Tablets, adulteration, Section 402 (b) (1), valuable constituents, tricalcium phosphate and irradiated ergosterol, had been in part omitted from the article since each wafer was represented in the guaranty as containing 10 grains of tricalcium phosphate and 293.333 Inter- national Units of irradiated ergosterol, whereas each wafer contained not more than 8.5 grains of tricalcium phosphate and not more than 133.33 International Units of irradiated ergosterol. Royce's Vitamin A and D Tablets, adulteration, Section 402 (b) (1), valuable constituents, vitamins A and D, had been in part omitted from the article, since each tablet was represented to contain 5,000 U. S. P. units of vitamin A and 500 U. S. P. units of vitamin D, whereas each tablet contained not more than 2,500 U. S. P. units of vitamin A and not more than 250 U. S. P. units of vitamin D. Misbranding, Section 403 (a), the statements on the bottle label, "Each Tablet Contains: Vitamin A 5000 U. S. P. Units; Vitamin D 500 U. S. P. Units," were false and misleading; and, Section 403 (j), the article purported to be and was represented as a food for special dietary use by man by reason of its vitamin properties, and its label did not bear, as required by the regulations, a statement of the proportion of the minimum daily re- quirement for vitamins A and D which would be supplied by the article when consumed in a specified quantity during a period of 1 day. DISPOSITION : November 9, 1944. The defendant having entered a plea of not guilty, and the case having come on for trial before the court without a jury, the court found the defendant not guilty on the count charging Adulteration of Royce's Vitamin A and D Tablets and guilty on the two counts charging mis- branding of the Royce's Vitamin A and D tablets -and Adulteration of the Bragg Mira-Cal Tablets. On the same date the court imposed a fine of $250 on each of the latter two counts, a total fine of $500.