S72,"5. Misbranding of Vitalitas. (J. S. * * * v. 240 Cases of Vitalitas.?
Prodnct ordered released on bond. (F. & D. No. 11236. I. S. No.?
13133-r.     S. No. E-1711.)
On September 17, 1919, the United States attorney for the District of Massa??
chusetts, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district a libel of information?
praying the seizure and condemnation of 240 cases of Vitalitas, at Boston,?
Mass., consigned August 21, 1919, by the Vital Remedies Co., Houston, Tex.,?
alleging that the article had been transported from the State of Texas into the?
Commonwealth of Massachusetts, and charging misbranding in violation of?
the Food and Drugs Act, as amended.?
34538??21?3
152	
BUBEAU  OF  CHEMISTEY.	
[Supplement 105,
Analysis of a sample of the article by tlie Bureau of Chemistry of this de??
partment showed that it consisted of a solution of sulphates of iron and alu??
minum and traces of other mineral salts in approximately 97.5 per cent of?
water.
It was alleged in substance in the libel of information that the article was?
misbranded in that the following statements regarding its curative and thera??
peutic effects, appearing -upon the bottle label, " Its functions are to enrich the?
blood, strengthen the tone of the system, and thus aid in the restoration of?
healthy functions. A Family Remedy useful in the treatment of Rheumatism,?
Chronic Indigestion, Impoverished Blood, Atonic Dyspepsia, Chronic Diarrhoea,?
Dropsy, Malarial Ansomia, General Debility following recovery from acute dis??
eases, Leucorrhoea, and Excessive Menstruation," were false and fraudulent in?
that the article contained no ingredient or combination of ingredients capable?
of producing the effects claimed.
On April 15, 1920, the said Vital Remedies Co. (Inc.), claimant, having filed?
a satisfactory bond, in conformity with section 10 of the act, it was ordered?
by the court that the product be delivered to said claimant upon the payment?
of the costs of the proceedings, and that the libel of information be dismissed?
in accordance with the agreement of the parties filed March 25, 1920.
E. D. BALL, Acting Secretary of Agriculture.