1124. Misbranding of DPS Formulae.    TJ.  S. v.  11 Bottles of DPS  Formula 52,
16 Bottles of DPS Formula 57, 12 Bottles of DPS Formula 58, 11 Bottles
of DPS Formula 61, 9 Packages of DPS Formula 66, 7 Bottles of DPS
Formula 81, 25 Bottles of DPS Formula 100, 4 Bottles of DPS Formula
103, and 3 Bottles of DPS Formula 105. Default decree of condemnation
and destruction. (F. D. C. No. 10098. Sample Nos. 15357-F to 15360-F,
incl., 36122-F to 36126-F, incl.)
On June 25, 1943, the United States attorney for the District of Colorado
filed a libel against the above-mentioned quantities of DPS Formulae at Denver,
Colo., alleging that the articles had been shipped from the Dartell Laboratories,
Los Angeles, Calif., from on or about March 23 to May 8, 1943; and charging
that they were misbranded.
The DPS Formula 52 was labeled in part: "Ingredients: Fish Liver Oil
concentrate, Soya oil containing lecithin, Wheat germ oil, mixed natural
tocopherols, treated linseed oil containing the fatty unsaturates, principally
linoleic and linolenic acids * * * Each perle contains not less than Vitamin
A . . . 5000 U. S. P. Units. Vitamin E (a-tocopherol activity) 5000 Gamman
with 200 Mg. free fatty acids of linseed oil (flaxseed oil) principally linoleic
the linolenic acids."   It was alleged to be misbranded in that the name "DPS
Formula 52" was a false and misleading device which represented and sug-
gested that the article was efficacious for the following conditions: Impotency,
sexual apathy, menopause, loss of muscular tone, anterior pituitary deficiency,
and tendency to abort. It was alleged to be misbranded further in that the
statement on its label, "Each perle contains not less than * * * With 200
Mg. free fatty acids of linseed oil (flaxseed oil) principally linoleic and linolenic
acids," was misleading since the statement created the impression that the free
fatty acids of linseed oil consisting principally of linoleic and linolenic acids in
the amount of 200 milligrams were of appreciable nutritional and therapeutic
significance when the article was consumed in accordance with the directions
on the labels, whereas such acids when so consumed had no appreciable
nutritional or therapeutic significance.
The DPS Formula 57 was labeled in part: "Ingredients: Fish liver oil con-
centrate, dehydrated garlic and alfalfa, lac-sulphur, and chlorophyll * * *
Four tablets provide 2000 I. U. of Vitamin A, * * * 14 grains of dehydrated
Garlic, 4 grains of Sulphur; and 2000 gammas of Chlorophyll." It was alleged
to be misbranded in that the name "DPS Formula 57" was a false and mis-
leading device which represented and suggested that the article was efficacious
for the following conditions: Hypertension, toxic conditions, and bowel
putrefaction.
The DPS Formula- 58 was labeled in part: "Ingredients: Powdered kelp,
dicalcium phosphate, fish liver oil concentrate, yeast, rice polishings, wheat
germ * * * One tablet before each meal and upon retiring provides:
Iodine ... 0.7 Mg. Phosphorus . . . 144 Mg. Calcium . . . 176 Mg. Vitamin
A . . . 1000 U. S. P. Units." It was alleged to be misbranded in that the name
"DPS Formula 58" was a false and misleading device which represented and
suggested that the article was efficacious in the following conditions: Lowered
fat and protein metabolism, low basal metabolic rate, thyroid deficiency, low
calcium metabolism, pregnancy and lactation, nervous disorders, obesity, and
skin conditions.
The DPS Formula 61 was labeled in part: "Ingredients: Mixed natural toco-
pherols and wheat germ oil * * * Each perle contains not less than 5000
Gamma Vitamin E (a-tocopherol activity)." It was alleged to be misbranded
in that the name "DPS Formula 61" was a false and misleading device which
represented and suggested that the article was efficacious for the following con-
ditions : Sterility, tendency to miscarriage, mental dullness, muscular weakness,
skin lassitude, weakness of female organs, lack of motility of eye lens, paralysis,
and anterior pituitary deficiency.
The DPS Formula 66 was labeled in part: "Contains the unsaturated fatty
oils naturally present in wheat germ oil and fish liver oil concentrate. Special
High Potency Vitamin A. Each capsule contains not less than 50,000 U. S..P.
units Vitamin A from fish liver oil concentrate in wheat germ oil." It was
alleged to be misbranded in that the name "DPS Formula 66" was a false and
misleading device which represented and suggested that the article was efficacious
for the following conditions; Sinusitis, catarrh, asthma, colds, otitis media, in-
fections involving the mucosae, and eye disorders.
The DPS Formula 81 was labeled in part: "Each tablet contains 2.6 mg. of
the sodium copper soluble salt of chlorophyll." It was alleged to be misbranded
in that the name "DPS Formula 81" was a false and misleading device which
represented and suggested that the article was efficacious for the following
conditions: Hypertension, cardiovascular conditions, toxic conditions, impaired
cellular respiration, anemias, and infections.
The DPS Formula 100 was labeled in part: "Each containing: Iron (Ferrous)
Sulphate (Dried), 2? grs.; Liver (Desiccated 1-5), 2 grs.; Stomach Substance
(hog). ? gr.; Pepsin (1-3000), 0.25 grs.; Spleen Subst, ? gr.; Red Bone
Marrow ? gr.; Kelp (Laminaria Bulbosa), ? gr.; Hemoglobin, ? gr.; Vitamin
C, 1000 gammas; Vitamin Bi, 83 gammas; Vitamin B2, 24 gammas." It was
alleged to be misbranded in that the name "DPS Formula 100" was a false
and misleading device which represented and suggested that the article was
efficacious for the following conditions; Anemias, toxic changes in blood, fatigue,
low blood pressure, underweight, hypo-functions of the adrenals, pregnancy, and
preoperative and postoperative conditions.
The DPS Formula 103 was labeled in part: "Three Tablets Provide 4000
I. U. Vitamin A 5 Mg. Vitamin E in a base of the following inert -desiccated
glandular substances; Anterior Pituitary; whole Ovarian; Ovarian Residue;
Adrenal Cortex; * * * The Vitamin A is from fish liver oil concentrate;
the Vitamin E is from mixed natural tocopherols."   It was alleged to be mis-
branded in that the name "DPS Formula 103" was a false and misleading
device which represented and suggested that the article was efficacious for
the following conditions: Scanty or difficult menstruation, amenorrhea, dys-
menorrhea, delayed puberty, delayed menstruation, painful breasts, hot flushes,
menopause, ovariectomy, and sexual asthenia.
The DPS Formula 105 was labeled in part: "Three Tablets Provide I. U.
Vitamin A 5 Mg. Vitamin E in a base of the following inert desiccated glandular
substances: Orchic, Prostate, Whole Adrenal, Anterior Pituitary, Suprarenal
Cortex * * * The vitamin A is from fish liver oil concentrate; the vitamin.
E is from mixed natural tocopherols." It was alleged to be misbranded in that
the name "DPS Formula 105" was a false and misleading device which repre-
sented and suggested that the article was efficacious as a treatment of impotence,
sterility, lowered sex-tone, apathy, mental lethargy, and as a complete support
of the male sex function.
The libel alleged further that the devices had acquired the above-described
meanings by reason of the fact that the manufacturer of the articles had sup-
plied and, together with his agents and employees and distributors, had dis-
seminated to prospective purchasers of the articles the booklet entitled "DPS
DARTBLL FORMULAE," which disclosed that the articles were designed and
intended for the conditions mentioned above.
The articles known as DPS Formulae 52, 57, 58, 61, and 100 were also misbranded
under the provisions of the law applicable to foods, as reported in notices of
judgment on foods.
On October 16, 1943, no claimant having appeared, judgment of condemna-
tion was entered and the products were ordered destroyed.