18000. Adulteration and misbranding of Mynex tablets.    U. S. v. 82 Boxes
*    *    *.    (F. D. C. No. 31403.   Sample No. 18141-L.)
LIBEL FILED :   August 3,1951, District of Arizona.
ALLEGED SHIPMENT : On or about May 2,1951, by Marlene's, Inc., from Chicago, 
111.
PRODUCT: 82 63-tablet boxes of Mynex tablets at Phoenix, Ariz. Analysis 
showed that the product contained substantially less than the declared amount 
of vitamin D.
LABEL, IN PART: "A Dietary Supplement * * * Mynex * * * Each 
Maroon Tablet Contains:    *   *   *   Vitamin D 200 Int. units."
NATURE OF CHARGE: Adulteration, Section 402 (b) (1), a valuable constituent, 
vitamin D, had been in part omitted from the article.
Misbranding, Section 403 (a), the label statement "Mynex * * * taken 
as directed * * * provide the following percentages of the minimum daily 
requirements: * * * Diastetic Malt Extract 50%" was false and mis- 
leading since there is no requirement in human nutrition for diastatic malt 
extract. Further misbranding, Section 403 (f), the information required by 
Section 403 (a) to appear on the label, namely, a statement that Mynex tablets 
would not make one reduce, was not prominently placed on the label with such 
conspicuousness (as compared with other words, statements, designs, or de- 
vices, on the label) and in such terms as to render such statement likely to be 
read and understood by the ordinary individual under customary conditions 
of purchase and use, since such statement appeared inside the cellophane 
wrapped box; and in'the light of the representations made and suggested for 
the article, under conditions of use as are customary and usual, such state- 
ment should appear upon the immediate container of the article.
The article was alleged also to be misbranded under the provisions of the 
law applicable to drugs, as reported in notices of judgment on drugs and 
devices, No. 3580.
DISPOSITION: September 26, 1951. Default decree of condemnation and de- 
struction.
INDEX TO NOTICES OF JUDGMENT F. N. J. NOS. 17951 TO 18000
PRODUCTS
N. J. No.
Bakery product 
17951
Bread  
17951
Butter 
17962, 17963
Cereals and cereal products 
17951-17961
Cheese 
17964-17966
food,  processed 
17967
N. J. No. 
Chickens.   See Meat and poultry.
Cow meat 
17987
Dairy  products 
17962-17967
Egg(s),  frozen 
* 17968-17970
liquid   
'17968
Enriched flour 
17956
Fish and shellfish 
17971-17975
1 (17968) Prosecution contested.    Contains opinion of the court.
The cases reported herewith were instituted in the United States district 
courts by the United States attorneys, acting upon reports submitted by the 
Federal Security Agency, and include, where indicated, the results of investi- 
gations by the Agency, prior to the institution of the proceedings. Published 
by direction of the Federal Security Administrator.
CHARLES W. CRAWFORD, Commissioner of Food and Drugs.
WASHINGTON, D. C, July 9, 1952.
CONTENTS
Page
Cereals and cereal products  2
Flour 
2
Miscellaneous cereals and cereal
products 
3
Dairy products 
4
Butter 
4
Eggs 
6
Feed 
7
Fish and shellfish I 
7
Fruits and vegetables 
9
Canned fruit 
9
Fresh fruit -_ 
10
Page 
Fruits and vegetables—Continued
Miscellaneous fruit products  11
Vegetables 
13
Tomatoes and tomato products-. 14
Nuts and nut products 
15
Oils and fats 
16
Oleomargarine,... 
17
Poultry 
18
Spices, flavors, and seasoning mate- 
rials 
18
Index 
19
208619-52-