2102. Misbranding of Pronto-Lax, Mineral Crystals, Famous Residuum, Nose
Spraying Solution, and Eye Bath. U. S. v. Famous Mineral Water Co. and
Howard Nevils. Pleas of guilty. Fine of $100 against each defendant
on count 1; fine of $500 generally, tout suspended for 3 years, against the
defendants on the other counts of the information. (F. D. C. No. 20169.
Sample Nos. 21861-H to 21865-H, incl.)
INFORMATION FILED : September 18, 1946, Northern District of Texas, against
the Famous Mineral Water Co., a corporation, Mineral Wells, Tex., and
Howard Nevils, secretary and treasurer of the corporation.
ALLEGED SHIPMENT : From the State of Texas into the State of Tenuessee.
The products were shipped on or about January 14 and April 3, 1945, and a
number of circulars entitled "Dismuke's Famous Mineral Water" and "The
Original and Genuine Famous Mineral Crystals" were shipped during De-
cember 1944.
PRODUCT: Analyses disclosed that the Pronto-Lax was an alkaline mineral
water containing chiefly sodium sulfate (Glauber's salt) and sodium chloride
(common table salt) ; that the Mineral Crystals was a partially crystallized
sodium sulfate containing small amounts of sodium chloride and sodium car-
bonate; that the Famous Residuum was a concentrated mineral water con-
taining mainly sodium chloride, sulfate, and carbonate, with some sodium
nitrite; that the Nose Spraying Solution was a mineral water containing mainly
sodium chloride, sulfate, and carbonate, with some sodium nitrate; and that
the Eye Bath was essentially of the same composition as the Nose Spraying
Solution.
LABEL, IN PART: "Dismuke's Pronto-Lax Concentrated Famous Mineral Well
Water," "Dismuke's Famous Mineral Crystals," "Famous Residuum Made
From The Crystals of the Famous Mineral Well Water," "Dismuke's Nose
Spraying Solution," or "Dismuke's   Eye Bath."
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements in the
labeling of the respective products were false and misleading since the articles
would not be effective to accomplish the purposes represented and suggested.
The following false and misleading representations were made for the articles
in the labeling:
That the Pronto-Lax was a tonic; that it would eliminate toxic poisons from.
the system, which poisons cause the majority of human ailments, and would
eliminate poisons in a natural manner; that it would be beneficial to the
stomach, kidneys, and liver; that it was life-saving, and would help suffering
humanity; that it would make the user a "new man," and would keep the
user in good health; and that it would improve digestion, and would be effica-
cious in the cure, mitigation, treatment, and prevention of diabetes, enlarged
liver, carbuncle, mucous colitis, stomach trouble, ulcerated stomach, colon
trouble, sciatica, rheumatism, hives, and autointoxication.
That the Mineral Crystals would be efficacious in the cure, mitigation, treat-
ment, and prevention of acid stomach,-colds, headaches, biliousness, indigestion,
bad complexion, rheumatism, arthritis, neuritis, high blood pressure, and
diabetes; that it would purify the system; that it would be beneficial after
excessive eating and drinking; that it would enable the user to get well; and
that it would eliminate toxic poison in the system.
That the Famous Residuum possessed tonic and healing properties, and
would be efficacious in the cure, mitigation, treatment, and prevention of cuts,
burns, insect bites, eczema, rash, poison ivy, acid stomach, acute indigestion,
stomach trouble, ulcerated stomach, colic, and similar troubles; that it would
enable the user to breathe normally and sleep soundly; and that it would tone
iip the digestive tract and prolong life,
That the Nose Spraying Solution would be efficacious in the cure, mitigation,
treatment, and prevention of head colds, hay fever, sinus, and catarrhal
trouble.
That the Eye Bath possessed healing properties, and was an antiseptic; and
that it would be efficacious in the cure, mitigation, treatment, and prevention
of eye strain, blue, granulated lids, and' sore eyes.
Further misbranding, Section 502 (a), the labeling of the Pronto-Lax was
false and misleading since it represented and suggested that the article con-
tained healing minerals, and that it was recommended by the Food and Drug
Administration as the greatest mineral water in the world. The article did
not contain healing minerals, and was not recommended by the Pood and Drug
Administration.
Misbranding Section 502 (f) (2), the Pronto-Lax and Mineral Crystals were
laxatives; and their labeling failed to warn that they should not be used in
the presence of abdominal pain, nausea, vomiting, or other symptoms of
appendicitis, and that frequent or continued use of the articles might result
in dependence upon laxatives to move the bowels.
DISPOSITION: November 12, 1946. Pleas of guilty having been entered, the
court imposed a fine of $100 against each individual on count 1 of the infor-
mation, which related to the Pronto-Lax. The court imposed also a fine of
$500, generally, upon the defendants on the other counts, but suspended the
latter fine for 3 years.
DRUGS ACTIONABLE BECAUSE OF CONTAMINATION WITH FILTH