9185. Adulteration and misbranding of Vitiliver Capsules.    IT.  S. v. Myron L>.
'Walker Co., Inc. Plea of guilty. Fine, $500 on count lj sentence sus- 
pended on counts 2, 3, and 4. (F. D. C. No. 15593. Sample Nos. 63385-F, 
63910-F.)
INFORMATION FILED: October 2, 1945, Southern District of New York, against 
the Myron L. Walker Co., Inc., Mount Vernon, N. Y.
ALLEGED SHIPMENT: Between the approximate dates of March 3 and Septem- 
ber 21, 1944.
NATURE OF CHARGE: Adulteration, Section 402 (b) (1), valuable constituents 
had been in whole or in part omitted or abstracted from the article since the 
product in one shipment was represented to contain 0.50 milligram of vitamin 
Bi per capsule, but contained not more than 0.24 milligram of vitamin 
Bi per capsule; and the product in the other shipment was represented to 
contain, in each capsule, 100 International Units of vitamin B1; equivalent 
to 0.3 milligram of thiamine and 10 Sherman Bourquin Units of vitamin B2 
(riboflavin), but contained not more than 25 International Units of vitamin Bi, 
equivalent to not more than .069 milligram of thiamine and approximately 2 
Sherman Bourquin Units of vitamin B2 per capsule.
Misbranding, Section 403 (a), the label statements, (portion) "In eaeh cap- 
sule * * * Vitamin Bi (Thiamine Hydrochloride) .50 mg.," and (re- 
mainder) "In each capsule * * * Vitamin Bi (Thiamin 0.3 Mg.) 100 
Int. Units Vitamin B2 (Natural) 10 Sher. Bourq. Units," were false and 
misleading.
Further misbranding, Section 403 (j), the article purported to be and was 
represented for special dietary uses by man by reason of its vitamin properties 
in respect of vitamin Bi, vitamin B2, vitamin C, vitamin B8, and all other B 
complex factors, and by reason of its mineral property in respect of iron, and its 
label failed to bear, as prescribed by the regulations, a statement of the propor- 
tion of the minimum daily requirements of vitamin Bi, vitamin B2 (riboflavin), 
vitamin C, and iron which would be supplied by the article when consumed in a 
specified quantity during a period of 1 day; and the label did not bear a state- 
ment of the quantity of vitamin B8 and other B complex factors which would be 
furnished by a specified quantity of the article when consumed during a period 
of 1 day. Furthermore, the need for vitamin B3 and factors of the B complex 
other than vitamin Bi and vitamin B2 and niacin not having been established, 
the label failed to bear, as required by the regulations, the statement that "The 
need for Vitamin B6 and factors of the B-complex other than vitamin Bt, B2 
and niacin in human nutrition has not been established.
DISPOSITION : October 11,1945. A plea of guilty having been entered on behalf of 
the defendant, the court imposed a fine of $500 on count 1 and suspended 
sentence on the other 3 counts.