8085. Adulteration and misbranding of Beir-Nes Tablets.    U. S. v. Percival W.
Beirnes (Beir-Nes Laboratories). Plea of nolo contendere. Fine of $500' 
on count 1, sentence suspended on count 2, and defendant placed on 
probation for 2 years.     (F. D. C. No. 14303.     Sample No. 54121-F.)
INFORMATION FILED : March 26, 1945, Southern District of California, against 
Percival W. Beirnes, trading as the Beir-Nes Laboratories, Los Angeles, Calif.
ALLEGED SHIPMENT : On or about February 11,1944, from the State of California 
into the State of Arizona.
LABEL IN PART : "Beir-Nes No. 57-VA Biologically Standardized Each Tablet 
Contains Vegetable Salts with Vitamin A added Vitamin A Fish Liver Oils 
5000 I. U. Black Radish Pie Plant Beet Leaves Okra Spinach Aspara- 
gus   Dandelion."
VIOLATIONS CHARGED: Adulteration, Section 402 (b) (1), a valuable constituent 
of the product, vitamin A, had been in part omitted or abstracted from it since 
it was represented on its label as containing in each tablet 5,000 International 
Units of vitamin A, whereas the product contained not more than 2,660 In- 
ternational Units of vitamin A per tablet.
Misbranding, Section 403 (a), the label statement, "Vitamin A 5000 I. U.," 
was false and misleading; and, Section 403 (j), the article purported to be 
and was represented for special dietary use by man by reason of its vitamin 
property in respect of vitamin A, and its label failed to bear, as required by 
the regulations, a statement of the proportion of the minimum daily require- 
ment for vitamin A which would be supplied by the product when consumed in 
a specified quantity during the period of 1 day.
DISPOSITION : May 21, 1945. The defendant having entered a plea of nolo con- 
tendere, the court imposed a fine of $500 on count 1. Sentence was suspended 
on count 2 for 2 years, and the defendant was placed on probation for a like 
period.