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-