823. Misbranding;  of  Blue  Ridge  Mountain  Mineral.     V.  S.  v. Robert T.  Sides
C. S. & W. Mineral Co.). "Plea of nolo contendere.    Fine, $200 and pro-
bation for 2 years.    (F. D. C. No. 6424.    Sample No. 37792-E.)
On April 21, 1942, the United States attorney for the Middle District of North
Carolina filed an information against Robert T. Sides, trading as the C. S. & W.
Mineral Co., Kannapolis, N. C, alleging shipment on or about February 21, 1941,
from the State of North Carolina into the State of South Carolina of a quantity
of Blue Ridge Mountain Mineral which was misr/randed.        "**""
Examination of the article showed that it consisted of a natural mineral
which when prepared according to directions on the label, consisted essentially
of a dilute solution of ferric sulfate with minute amounts of sulfates of other
minerals and some ferric hydroxide in suspension.
The article was alleged to be misbranded in that statements in the labeling
which represented and suggested that it would be efficacious in the-treatment
of high blood pressure, pellagra, nervousness, inability to sleep, nervous in-
digestion, rheumatism, kidney, bladder and stomach trouble, piles, sore eyes,
blood poison, all skin infections, erysipelas or tetter, flux, female complaints,
irregularities, all blood diseases, loss of appetite, old sores, bed wetting and all
skin infections; that it was a powerful germicide and ferruginous tonic, intestinal
astringent and internal hemostatic; that it was efficacious in building up new
red blood and would promote normal circulation; that it was efficacious in the
treatment of gastric indigestion, and would be efficacious as a tonic for blood
disorders, indigestion and other forms of stomach trouble and neuritis; that
it was efficacious in the treatment of diarrhea and dysentery; and was efficacious
in the treatment of boils, carbuncles, skin disease, eczema, leucorrhea or whites,
heart trouble and heartburn, and that the user would derive the benefits usually
derived from a sojourn at a health resort, were false and misleading since the
product would not be efficacious for such purposes.
On October 19, 1942, the defendant having entered a plea of nolo contendere,
the court sentenced him to pay a fine of $200, and placed him on probation for a
period of 2 years on the general conditions of probation and the additional con-
dition that he was not to sell any more of the product covered by the information.