515. Misbranding: of mineral water.     U.  S.  v. 9 Bottles and 12 Bottles of Me-
Fadden 3 Sisters SpWng-s Mineral Water.     Default decree of condemna-
tion and destruction.     (F. D. C. No. 2814.    Sample No. 15891-B.)
On September 13, 1940, the United States attorney for the Eastern District of
Missouri filed a libel against 9 1-gallon bottles and 12 5-gallon bottles of mineral
water at Flat River, Mo., alleging that the article had been shipped from McFadden
3 Sisters Springs, Hot Springs National Park, Ark., on or about August 8, 1940;?(
and charging that it was misbranded.
Examination showed that the article contained calcium bicarbonate (2.77
grains per quart) and smaller proportions of other mineral constituents
commonly found in ground waters.
The
,, article was alleged to be misbranded in that statements in the labeling
which represented and suggested that it was efficacious in the treatment or
Bright's disease, diabetes, dropsy, pus in kidney, bladder and urethra, and other
kidney, bladder, and urinary troubles, high and low blood pressure, enlarged
prostate gland, paralysis, stones in kidney, and other urinary troubles, change
of life, female irregularities, insomnia, anemia, nervous prostration, gout and *
hyperacidity; that this drug would be efficacious to maintain and restore health
in apparently hopeless cases and to rejuvenate shattered nerves and weakened
bodies; that it possessed the health giving properties implied in the statement
"Fountains of Health"; that it was efficacious in advanced stages of kidney
trouble, bladder and gall-stone misery, cystitis, rheumatism, arthritis, sciatica,
diabetes, chronic constipation and resulting complications; that it would bring
about renewed vitality and fitness; that it would be efficacious to help nature to
discharge toxins which frequently cause serious ills and to flush out accumulated
wastes which form poisons to attack the vital organs, the liver, kidney, and
bladder; that it would be efficacious in cases of faulty elimination and poor assim-
ilation ; that it would assist nature in the cleansing of each tissue, nerve and
muscle, thus enabling nature's recreating and rejuvenating forces to carry new
life thereto; that said drug would be efficacious to control the changes in
tissue which produce old age and infirmities and enable one to catch the rhythm
of youth again; and that this drug would supply the minerals to keep the body
tissues and fluids and organs in perfect running order, clarify the blood, promote
physical repair, and eliminate waste, were false and misleading since the article
would not be efficacious for such purposes.
On October 31, 1940, no claimant having appeared, judgment of condemnation
was entered, and the product was ordered destroyed.