6798. Misbranding of Vitalert.    U. S. v. 334 Boxes of Vitalert.    Default decree
of condemnation.    Product ordered delivered to a government hospital.
(F. D. C. No. 11194.    Sample No. 57114-F.)
LIBEL FILED:    November 30, 1943, Eastern District of New York.
ALLEGED SHIPMENT: On or about August 31, 1943, by J. E. Trautman & Asso- 
ciates, Inc., Columbus, Ohio. 
PRODUCT:    334 boxes of Vitalert at Brooklyn, N. Y.
Each box contained 6 small, round pills, fixed in place between 2 strips of 
cellophane. The box could have held approximately 50 unwrapped pills, and 
could easily have held at least 18 pills in folded cellophane strips. The state- 
ment "6 Vitalerts" was inconspicuously placed on the ends of the box.
laurel, IN PART: "Super Seal Vitamins High Potency Brand Vitalert * * * 
Vitamin A 5000 U. S. P. Units Vitamin Bt (Thiamin HCL) 3 Mgm. Vitamin B2 
(Riboflavin) 2 Mgm. Vitamin B6 (Pyridoxine) .25 Mgm. Vitamin C (Ascorbic 
Acid) 30 Mgm. Vitamin D (Viosterol) 500 U. S. P. Units Calcium Pan- 
tothenate 1 Mgm.    Niacin "Amide 20 Mgm."
VIOLATIONS CHARGED: Misbranding, Section 403 (d), the container was so 
filled as to be misleading since its size would indicate that many more pills 
were contained therein than there actually were; Section 403 (a) because of 
false and misleading statements on the label, which represented and suggested 
that use of the article would insure vim, vigor, vital alertness, and health; and 
that it would balance the dietary intake of the individual when used as a 
supplement; Section 403 (f), the statement of the quantity of the contents of
ments of the vitamins present in the article were not prominently placed on 
the label with such conspicuousness (as compared with other words, statements 
designs, or devices) and in such terms as to render them likely to be read and 
understood by the ordinary individual under customary conditions of purchase 
and use; and, Section 403 (j), the article purported to be .and was represented 
as a food for special dietary uses by reason of its vitamin content, and its label 
failed to bear, as required by the regulations, a statement that the need for 
calcium pantothenate and pyridoxine in human nutrition has not been estab- 
lished. 
DISPOSITION: February 25, 1944. No claimant having appeared, judgment of 
condemnation was entered and the product was ordered delivered to a govern- 
ment hospital.