8098. Adulteration and misbranding of Brewer Vitamin Capsules.    U. S. v. 97
Boxes and 104 Boxes of Vitamin Capsules.   Decree of condemnation and 
destruction.    (F. D. C. No. 6092.   Sample No. 75735-E.)
LIBEL FILED :    October 27,1941, in the District of Maine.
ALLEGED SHIPMENT: On or about April 16, 1941, by Brewer & Co., Inc., from 
Worcester, Mass.
PRODUCT: 97 boxes, each containing 100 capsules, and 104 boxes, each containing 
50 capsules, of vitamins at Waterville, Maine. A vitamin assay of a sample 
disclosed that the article contained not more than 700 U. S. P. units of vitamin D 
per capsule.
LABEL IN PART: "Brewer Vitamin Concentrate Capsules Containing Vitamins 
A-B-D-G."
VIOLATIONS CHARGED: Adulteration, Section 402 (b) (1), a valuable constituent, 
vitamin D, had been in whole or in part omitted or abstracted from the article.
Misbranding, Section 403 (a), the statement on the label, "Vitamin D 1,000 
units U. S. P. XI," was false since the article did not contain 1,000 units of 
vitamin D per capsule but contained less than that amount; and the conspicuous 
declaration on the main display panel, "Containing vitamins * * * G" was 
misleading in view of the fact that the article, when taken according to the 
directions, "Average daily Dose 1 to 3 capsules," would furnish not more than 
8 percent of the minimum daily requirement for vitamin G.
The article was also alleged to be adulterated and misbranded under the 
provisions of the law applicable to drugs, as reported in notices of judgment 
on drugs and devices.
DISPOSITION : February 2,1945. The sole intervener having withdrawn its claim 
and answer, judgment of condemnation was entered and the product was 
ordered destroyed.