26547. Vitamin-mineral candy.    (F.D.C. No. 43931.    S. No. 85-322 P.)
QUANTITY : 43 ctns., each containing 12 individually cartoned btls., at New York, 
N.Y., in possession of Columbia Medical Co.
SHIPPED :    3-13-59, from Jersey City, N.J., by Bergen Pharmacal Co., Inc.
LABEL IN PART: (Btl. and ctn.) "Sixty Columbia Fruitti mites The Vitamin- 
Mineral Candy For Children. A dietary supplement containing 11 vitamins 
and 11 minerals, specially prepared to taste like candy. Columbia Medical 
Company Distributors, New York, N.Y. Two Fruitti-Vites contain: * * * 
Vitamin D (Synthetic) 500 U.S.P. Units."
ACCOMPANYING LABELING :   A number of loose labels as described above.
RESULTS OF INVESTIGATION : The article was repacked by the dealer from bulk 
stock shipped as described above. Examination showed that the article con- 
tained approximately 40 percent of the labeled amount of vitamin D.
LIBELED :   12-10-59, S. Dist. N.Y.
CHARGE: 402(b) (1)—the valuable constituent, vitamin D, had been in whole 
or in part omitted or abstracted from the article while held for sale; 403(a) — 
the label statement "Two Fruitti-Vites contain: * * * Vitamin D * * * 500 
U.S.P. Units" was false and misleading as applied to the article which contained 
approximately 40 percent of the declared amount of vitamin D, the label state- 
ment "The Vitamin-Mineral Candy For Children" was false and misleading, 
since
,
the article was not candy but was a special dietary food intended for 
supplementing the diet of children deficient in the specific vitamins and min- 
erals which it contained, and the label statements "The daily requirements of 
vitamin B2 * * * Niacinamide have not been established" and "The need for
* * * copper, magnesium * * * potassium * * * in human nutrition has not 
been established" were false and misleading since the minimum daily require- 
ment for vitamin B2 and niacinamide and the need for copper, magnesium, and 
potassium in human nutrition have been established; and 403(j)—the article 
purported to be and was represented as a food for special dietary uses by rea- 
son of its vitamin and mineral content and its label failed to bear, as required 
by regulations, a statement of the minimum daily requirement for vitamin B2 
and niacinamide supplied by a specified quantity of the food when consumed 
during the period of 1 day by children.
DISPOSITION:   1-22-60.   Default—destruction.