(N. J. 59.)
ADULTERATION AND MISBRANDING OF LITHIA WATER.
(BASIC LITHIA WATER.)
In accordance with the provisions of section 4 of the Food and Drugs?
Act of June 30, 1906, and of regulation 6 of the rules and regulations?
for the enforcement of the act, notice is given of the judgment of the?
court in the case of the United States v. 75 bottles, more or less, of a?
liquid labeled "Basic Lithia Water," a proceeding of libel under sec??
tion 10 of the aforesaid act, for seizure and condemnation of said water,?
wherein Otis H. Wood of Washington, D. C, was claimant, lately pend??
ing, and finally determined in the supreme court of the District of?
Columbia on December 8, 1908, by entry of the decree hereinbelow set?
out. The water was adulterated and misbranded, within the meaning?
of sections 7 and 8 of the aforesaid act, in this, the bottles containing?
it were each labeled "Basic lithia water, natural carbonic spring water,?
Basic, Virginia. Uric acid solvent. A pure, light, freestone, lithia?
water. Invaluable as a constant and exclusive drinking water, and in?
the prevention and cure of rheumatism, gout, malaria, typhoid fever,?
and diseases of the kidneys, liver, blood, and nerves," whereas the?
water contained practically no lithium carbonate, or any substance?
which would warrant the statements as to medicinal virtues made on?
the label, and contained the colon group of organisms, thereby render??
ing the water unfit for human consumption.
IN THE SUPREME COURT OF THE DISTRICT OF COLUMBIA HOLDING A DISTRICT
COURT.
No. 795.
UNITED STATES OF AMERICA
vs.
75 BOTTLES, MORE OR LESS, OF LIQUID LABELED
"Basic Lithia Water," etc.
DECREE.
Upon consideration of the libel filed herein, praying for the condemnation of?
seventy-five bottles, more or less, labeled "Basic Lithia Water," and it appear??
ing to the court that upon the warrant of arrest issued herein the marshal of the?
United States for the District of Columbia has seized ninety-six bottles labeled?
"Basic Lithia Water," and inventoried as of the value of five dollars, as appears?
by the return of the said marshal filed herein; and it further appearing that the?
owner and claimant of the said ninety-six bottles of said water, Otis H. Wood,?
has appeared herein and consented to the prayer of the libel, and no objection?
being signified, it is this eighth day of December, 1908,
Ordered, adjudged, and decreed that the said ninety-six bottles of liquid?
labeled "Basic lithia water. Natural carbonic spring water. Basic, Virginia,"?
are misbranded in violation of the Food and Drugs Act approved June thirtieth,?
1906, in that the said water is not a lithia water and is not qualified for medicinal?
purposes; and it is further misbranded in that the said water is not a pure,?
light, freestone lithia water, is not an uric acid solvent, and is not invaluable as?
a constant and exclusive drinking water and in the prevention and cure of rheu??
matism, gout, malaria, typhoid fever, and diseases of the kidney, liver, blood,?
and nerves, as stated on the label, in violation of the said Food and Drugs Act?
approved June thirtieth, 1906.
It is further ordered, adjudged, and decreed that the said liquid contained in?
the said ninety-six bottles seized as aforesaid is adulterated in violation of the?
said Food and Drugs Act approved June thirtieth, 1906, in that the said water is?
contaminated with the presence of the colon group of organisms, and is accord??
ingly unfit for human consumption, and is deleterious to health.
And it is ordered that the said ninety-six bottles with contents be disposed of?
by destruction, as prayed in the libel, and that the said claimant, Otis H. Wood,?
pay all the costs of these proceedings.
By the court.
THOS. H. ANDERSON, Justice.
The facts in the case were as follows:
On or about November 9, 1908, an inspector of the Department of?
Agriculture found in the possession of Otis H. Wood, Washington,?
D. C, 96 bottles of water, each of which was labeled and branded:?
"Basic lithia water, natural carbonic spring water, Basic, Virginia.?
Uric acid solvent. A pure, light, freestone, lithia water. Invaluable?
as a constant and exclusive drinking water, and in the prevention and?
cure of rheumatism, gout, malaria, typhoid fever, and diseases of the?
kidneys, liver, blood, and nerves."
Several samples of the water were subjected to chemical and bacte??
riological analysis and examination in the Bureau of Chemistry in the?
Department of Agriculture, and it was found that the water did not con
tain enough lithia in 2,000 grams to give a spectroscopic test; the?
amount of lithia present was not weighable, and if present in a quan??
tity appreciable at all, was estimated to be less than one-hundredth?
parts per million. According to the United States Pharmacopoeia, a?
dose of lithium carbonate is seven and one-half grains, and on this?
basis it would require many thousand liters of the water seized to con??
tain a medicinal dose. It was evident that the water did not contain?
a sufficient quantity or consistency of lithia to make it of value for?
medicinal purposes, and that the statement appearing on the label as?
to its efficacy in the prevention and cure of various diseases was false?
and misleading and in violation of section 8 of the act. The water was?
adulterated within the meaning of section 7 of the act for the reason?
that it contained the colon group of organisms, which are closely asso??
ciated with and indicate fecal contamination, thereby rendering the?
water unfit for human consumption. Accordingly, on November 9,?
1908, the facts were reported to the United States attorney for the Dis??
trict of Columbia and libel for seizure and condemnation, under section?
10 of the act, was duly filed in the court aforesaid, with the result here??
inbefore stated.
H. W. WILEY,?
F. L. DUNLAP,?
GEO. P. MCCABE,?
Board of Food and Drug Inspection.?
Approved:
JAMES WILSON,
Secretary of Agriculture.
WASHINGTON, D. C., May 4, 1909.