8798. Misbranding of Vitamato.    U.  S.  v.  1,046  Cases  of Vitamato.     Consent
decree   of   condemnation.      Product   ordered   released   for   relabeling.
(F. D. C. No. 12439.   Sample No. 29860-F.)
LIBEL FILED :   May 31, 1944, District of Hawaii.
ALLEGED SHIPMENT: On or about May 1, 1944, by the Login Corporation, from 
San Francisco, Calif.
PRODUCT: 1,046 cases, each containing 24 12-ounce bottles, of Vitamato at 
Honolulu, T. H. This product consisted of finely comminuted tomato material, 
diluted with water containing added dextrose, salt, and spices, and containing 
insignificant amounts of vitamins C and Bi.
LABEL, IN PART : "Contains Vitamins A, B & C Enriched with Dextrose [vig- 
nette of a tomato] VITAMATO A Delicious Refreshing Cocktail Made From 
Tomatoes, Water, Dextrose, Salt, Citric Acid and Spices."
NATURE OF CHARGE: Misbranding, Section 403 (a), the vignette of a tomato, 
the name "Vitamato," and the statements, "A Delicious Refreshing Cocktail 
Made From Tomatoes * * * Contains Vitamins * * * B & C," ap- 
pearing on the label, were false and misleading since the statements and 
design represented and suggested that the article was a tomato juice cocktail, 
a product generally understood to be tomato juice with added spices, with 
or without lemon juice, and that it contained nutritionally consequential 
amounts of vitamins Bi and C in the amounts normally present in tomato 
juice or tomato juice cocktail. The article was not tomato juice or tomato 
juice cocktail, and it contained substantially smaller amounts of vitamins Bi 
and C than are present in tomato juice or tomato juice cocktail.
Further misbranding, Section 403 (a), the statement "Enriched with Dex- 
trose" suggested that the nutritional value of the article had been significantly 
improved by the addition of dextrose, whereas its nutritional value had not 
been significantly improved.
DISPOSITION: July 1, 1944. Theo. H. Davies & Co., Ltd., Honolulu, T. H., 
claimant, having admitted that the labeling of the product was false and 
misleading, judgment of condemnation was entered and the product was 
ordered released for relabeling under the supervision of the Food and Drug 
Administration.