17249. Adulteration and misbranding of Pro-Dyne oral tablets, Pro-Dyne oral capsules, Red-Zyne tablets, and Red-Zyne capsules. U. S. v. 89,380 Tablets, etc. (F. D. C. No. 29796. Sample Nos. 69429-K, 69430-K.) 120-tablet bottles, and 5 dozen 240-tablet bottles of Red-Zyne tablets; 60,380 Pro-Dyne oral capsules; 6% dozen 30-capsule bottles, %}/% dozen 60-capsule bottles, and 2 dozen 120-capsule bottles of Red-Zyne capsules at Duquesne, Pa., in possession of the Royal Pharmacal Corp. RESULTS OF INVESTIGATION : The products were shipped in drums under the names of Pro-Dyne oral tablets and Pro-Dyne oral capsules, and portions had been repackaged after shipment under the names of Red-Zyne tablets and Red- Zyne capsules. LABEL, IN PART: (Drums, when shipped) "Pro-Dyne Oral Tablets A Dietary Supplement Containing B12 with other A. P. F. Factors from fermentation products B-Complex Vitamins and Minerals * * * Directions: As a die- tary supplement Two Tablets 3 times a day * * * Each Pro-Dyne Tablet Supplies; * * * .2 mg. Boron (from Sod. Borate)" and "Pro-Dyne Oral Capsules A Dietary Supplement Containing Bi with other A. P. F. Factors from fermentation products B-Complex Vitamins and Minerals * * * Directions: As a dietary supplement One Capsule 3 times a day * * * Each Pro-Dyne Capsule Supplies * * * .4 mg. Boron (from Sod. Borate)." (Bottles, repackaged from drums) "Red-Zyne Tablets A Dietary Supple- ment Containing the New Red Vitamin B12 with other A. P. F. Factors C- omplex Vitamins and Essential Minerals * * * Directions: Two Tablets 3 times a days' * * * Each Red-Zyne Tablet Supplies: * * * .2 mg. Boron (from Sod. Borate)" and "Red-Zyne Capsules A Dietary Supplement Containing the New Red Vitamin B12 with other A. P. F. Factors B-Complex Vitamins and Essential Minerals * * * Directions: As a dietary supple- ment One Capsule Three times a day * * * Each Red-Zyne Capsule Supplies: * * * .mg. Boron (from Sod. Borate)." NATURE OF CHARGE: Adulteration, Section 402 (a)" (2), the articles contained an added poisonous and deleterious substance, sodium borate, which was unsafe within the meaning of the law since it is a substance not required in the pro- duction of the articles and could have been avoided by good manufacturing practice. Misbranding, Section 403 (a), certain statements on the labels of the drums and bottles were misleading. These statements represented and suggested that the articles were of special dietary value primarily by reason of their vitamin Bw content, and that other constituents enumerated on the labels were likely to be of some nutritional value, whereas the special dietary value of the articles was due primarily to ingredients other than vitamin B12, and the other constituents enumerated on the labels were of no nutritional value. The articles were adulterated and misbranded in the above respects when introduced into, while in, and while held for sale after shipment in, interstate commerce. The articles were alleged also to be misbranded under the provisions of the law applicable to drugs, as reported in notices of judgment on drugs and devices.