824. Misbranding: of McFadden 3 Sisters Springs mineral water.    U.   S. v. Roy
A. Whipple and Ruth A. Whipple   (McFadden 3 Sisters Springs).    Pleas
of  nolo   contendere.     Imposition   of  sentence   suspended.     (P.   D.   C.   No.
4177.    Sample No. 15891-E.)
On October 16, 1941, the United States attorney for the Western District of
ArkaxjsjsJEiled an information against Roy A. Whipple and Ruth A. Whipple,
copartners trading as McFadden 3 Sisters Springs at Hot Springs, Ark., alleging
delivery at Hot Springs, Ark., on or about August 8, 1940, for introduction into
interstate commerce from the State of Arkansas into the State of Ukjissouri of a
quantity of McFadden 3 Sisters Springs mineral water which was nusTJrfnded.
Analysis showed that the article was a lightly mineralized, mildly alkaline
water consisting chiefly of calcium and magnesium bicarbonates, sulfates, and
chlorides.
The article was alleged to be misbranded in that certain statements in the
labeling which represented and suggested that it would be efficacious in the
treatment of 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 pros-
tration, gout and hyperacidity; that it would be efficacious to maintain and
restore health in apparently hopeless cases; would rejuvenate shattered nerves
and weakened bodies; that it possessed the health-giving properties implied in
the statement "Fountains of Health"; would be 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; would help nature to discharge toxins
which frequently cause serious ills and would 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 assimilation;
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;
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 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 September 7, 1942, the defendants entered pleas of nolo contendere and on
September 28, 1942, the court suspended imposition of sentence during the
period of compliance by the defendants with the Federal Food, Drug, and
Cosmetic Act.