1873. Misbranding of sea water  (Cal-O-Dine).    U. S. v. 17 Bottles of Sea "Water.
Default  decree  of condemnation and destruction.     (F. D. C. No.  17577.
Sample No. 27976-H.) *
LIBEL FILED :   October 4, 1945, District of Oregon.
ALLEGED SHIPMENT:    From Alameda, Calif., by Cal-O-Dine.    The product was
shipped on or about June 22, 1945, and a number of leaflets were shipped on
or about February 1, 1945.
PRODUCT: 17 ?-gallon bottles of sea water at Eugene, Greg., together with a
number of leaflets headed "The Mysterious ingredient of sea-water." Analyses
indicated that the product was sea water.
LABEL, IN PART: "Sea Water Sold Under Trade Name of Cal-O-Dine."
NATURE OF CHARGE: Misbranding, Section 502 (a), the label statement, "To sup-
ply trace minerals naturally occurring in sea water," was misleading since it
represented and suggested that such trace minerals would have some nutritional
or medicinal effect upon the user when the article was consumed in accordance
with the directions upon the label, whereas those trace minerals would not
have that effect, and the misleading effect of the statement was not corrected
by the modifying phrase, "though in nutritionally non-significant amounts";
the label statement, "A difference in medical and nutritional opinion exists
contrary to representations of value of this product. In favor of the value of
trace minerals contained in sea water are the opinions of various medical and
nutritional experts qualified by scientific training to evaluate," were false and
misleading since there is no difference of opinion among qualified medical and
nutritional experts with reference to the uselessness of sea water taken in ac-
cordance with the instructions specified on the label, either as a dietary supple-
ment or as a remedial agent; and the entire labeling of the article was mis-
leading in the absence of a statement of the fact, material in the light of the
labeling, that the article would serve no useful purpose either as a nutritional
adjuvant or as a drug when consumed in accordance with the directions on the
label.
Further misbranding, Section 502 (a), the following statements in the leaflet,
when read in connection with the label directions for ingestion of sea water,
?See also Nos. 1852, 1853,1859, 1862, 1865-1868, 1870-18T2.
were misleading since they created the impression that the ingestion of
sea water would serve some useful purpose, whereas ingestion of sea wa-
ter would serve no useful purpose: "The Mysterious ingredient of sea-
water, which must be present in addition to the salts and minerals of
sea-water, has long been a subject of interest for marine biologists. The lack
of this ingredient in artificial sea-water results in inability of the aquarium to
support marine life. ' The inorganic composition of sea-water is, in general
terms, similar to the composition of extracellular fluids in the body. Like the
body, the ocean maintains a constant osmotic, ionic and acid-base structure and
a nearly "constant temperature, and it uses for these purposes the same mate*
rials as those found in the body. The concentration of the minerals in sea-water-
is over three times that of the blood serum."
The article was also alleged to be misbranded under the provisions of the law-
applicable to foods, as reported in notices of judgment on foods.
DISPOSITION:    November 6, 1945.    No claimant having appeared, judgment of
condemnation was entered and the product was ordered destroyed.