12769. Adulteration and misbranding of multiple vitamin capsules. 17. S. v. 
Vitex Vitamin Corporation, Ben L. Grossberg, and Norman H. Less. 
Fleas of guilty. Fines of $200 each against corporation and individual 
defendants.    (F. D. C. No. 20201.    Sample No. 13648-H.)
INFORMATION FILED : November 20, 1946, Northern District of Ohio, against the 
Vitex Vitamin Corporation, formerly trading as the Rex Vitamin Corporation, 
Cleveland, Ohio, and Ben L. Grossberg, president, and Norman H. Less, vice 
president, of the corporation.
ALLEGED SHIPMENT: February 8, 1945, from the State of Ohio into(the State of 
Tennessee.
LABEL IN PART :    "Optimals   Special Formula Multiple Vitamin Capsules."
NATURE OF CHARGE: Adulteration, Section 402 (b) (1), valuable constituents 
of the article, vitamin Bi, vitamin B2 (G) (riboflavin), and vitamin C, had 
been in part omitted and abstracted from the article.
Misbranding, Section 403 (a), the label statements, "Each one of these 
special formula capsules contains Vitamin Bi (Thiamin Hydrochloride) 10 
Mg. (3,330 U. S. P. Units) 10 times daily requirement Vitamin B2 (G) 
(Riboflavin) 4 Mg. (4,000 Gamma) 2 times daily requirement Vitamin C 
(Ascorbic Acid) 100 Mg. (2,000 U. S. P. Units) 3 1/3 times daily require- 
ment," were false and misleading, since the article contained less than the 
declared amounts and would supply smaller proportions of the minimum daily 
requirements for these vitamins than declared.
Further misbranding, Section 403 (a), the label statements, "Official mini- 
mum daily adult requirement (Federal Food and Drug Administration) Vita- 
min Be (Pyridoxine Hydrochloride) Not as yet established * * * Cal- 
cium Pantothenate Not as yet established * * * Vitamin E (Wheat 
Germ Oil) Not as yet established," are misleading. These statements rep- 
resented and suggested and created in the mind of the reader the impression 
that the need for these vitamins in human nutrition had been generally rec- 
ognized, although the amounts required daily had not been established. The 
need for vitamin Be (pyridoxine hydrochloride), calcium pantothenate, and 
vitamin E (wheat germ oil) in human nutrition has not been generally 
recognized.
Further misbranding, Section 403 (f), certain words, statements, and in- 
formation required by law to appear on the label of the article were not 
prominently placed thereon with such conspicuousness as to render them 
likely to be read and understood by the ordinary individual under customary 
conditions of purchase and use. The statements with regard to the vitamins 
contained in the article, which are required by regulations to appear on the 
label, appeared on the bottom of the box.
court imposed fines of $200 each against the corporation and the individual 
defendants, a total fine of $600.