805. Misbranding of Shivar Spring "Water. U. S. v. 39 Carboys of Shivar Spring
Water.    Default decree of condemnation and destruction.     (F. D. C.  No.
1253.    Sample No. 87460-D.)
The labeling of this product bore false and misleading representations
regarding its efficacy in the conditions indicated hereinafter.
On January 3, 1940, the United States attorney for the Western District of
North Carolina filed a libel" against 39 carboys of Shivar Spring Water at
Charlotte, N. C, alleging that the article had been shipped in interstate com-
merce on or about November 24, 1939, by Shivar Springs, Inc., from Shelton,
S. C.; and charging that it was misbranded.
Analysis showed that the article was a slightly mineralized, slightly alkaline
water containing less than one-half of 1 percent of inorganic salts consisting
mainly of calcium and sodium sulfates, chlorides, and bicarbonates.
The article Was alleged to be misbranded in that its labeling bore representa-
tions that two dr three glasses (a pint or more) of the article taken in the
morning at least 30 minutes before breakfast would dissolve and wash away
any catarrhal mucus, would cleanse the stomach and bowel and prepare them
for food and would also flush the kidneys, help to wash out impurities of the
blood which may have accumulated during the night and cleanse and refresh
the system;.that a glass with each meal sipped slowly as one ate would aid
poor appetite and poor stomach; that patrons had reported special benefits,
in cases, of dyspepsia and indigestion, from drinking the water hot before
meals, that the heat would jstimulate the stomach ajid the alkaline water would
dissolve and wash away the catarrhal mucus; that ;in?cases of functional dis-
order of the kidneys and bladder it might be found'keCessary, temporarily, to
use the water less frequently than recommended; that the article was mildly
laxative but in cases of obstinate constipation a teaspoonful of Rochelle salts
dissolved in a glass of the water should be taken 30 minutes before breakfast
and repeated every second or third morning as necessary until the bowels act
regularly, which representations were false and misleading since the article was
not efficacious for the purposes for which it was recommended in the said
statements.
On February 8, 1940, no claimant having appeared, judgment of condemnation
was entered and it was ordered that the product be destroyed.