9190. Adulteration and misbranding of multiple vitamin capsules.    U. S. v. 66
Boxes and 44 Boxes of Multiple Vitamin Capsules.    Default decree of 
condemnation and destruction.    (F. D. C. No. 16707.    Sample No. 13648-H.)
LIBEL FILED :   July 26,1945, Eastern District of Tennessee.
ALLEGED SHIPMENT :    On or about February 8,1S45, by the Rex Vitamin Corpora- 
tion, from Cleveland, Ohio. 
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PRODUCT:   66 boxes, each containing 100 capsules, and 44 boxes, each containing 
50 capsules, of multiple vitamins at Knoxville, Tenn.
Assay showed that the product was more than 50 percent deficient in vita- 
mins Bi and C. The information concerning the vitamin properties of the 
product was printed on the bottom of the box.
LABEL, IN PART:   "Soluble Gelatin Capsxiles Biologically  Standardized Opti- 
mals Special Formula Multiple Vitamin Capsules."
NATURE or CHARGE:   Adulteration, Section 402 (b)   (1), valuable constituents, 
vitamins Bi and C, had been in whole or in part omitted from the article.
Misbranding, Section 403 (a), the label statements, "Each oneof these special 
formula capsules contains * * * Vitamin Bi (Thiamin Hydrochloride) 
10 Mg. (3,330 U. S. P. Units) 10 times daily requirement * * * Vitamin C 
(Ascorbic Acid) 100 Mg. (2,000 U. S. P. Units) 3% times daily requirement," 
were false and misleading as applied to a product which contained less than 
the stated amounts of vitamins Bi and C and which would not provide the stated 
proportions of the minimum daily requirements for such vitamins; and, Sec- 
tion 403 (a), the label statement, "An ultra high potency multiple vitamin 
capsule containing unusually large amounts of the essential vitamins and the 
B complex," was misleading as applied to a product which did not supply 
vitamins A, D and E and niacinamide in amounts greater than those frequently 
found in vitamin capsules.
Further misbranding, Section 403 (a), the label statements, "Official minimum 
daily adult requirement (Federal Food and Drug Administration) Vitamin B« 
(Pyridoxine Hydrochloride) Not as yet established, Calcium Pantothenate 
Not as yet established, Vitamin E ("Wheat Germ Oil) Not as yet established," 
were misleading since they suggested that the need for the stated substance is 
generally recognized, although the amounts required daily have not been estab- 
lished, whereas the need for such substances in human nutrition has not been 
established; and, Section 403 (f), information concerning the vitamin prop- 
erties of the article, prescribed by regulations, was not prominently placed on 
the label with such conspicuousness as to render it likely to be read by the 
ordinary individual under customary conditions of purchase and use.
DISPOSITION :   September 28, 1945.   No claimant having appeared, judgment of 
condemnation was entered and the product was ordered destroyed.