F. & D.  No   2461.
S. No. 853.	
Issued July 13, 1911.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 924, FOOD AND DRUGS ACT.
MISBRANDING OF HARRIS' LITHIA WATER.
On or about February 15, 1911, there were offered for sale in the?
District of Columbia 92 bottles of alleged lithia water, which were?
labeled: " Nature's Remedy?Harris' Lithia Water, for the liver,?
kidneys, stomach, and the bladder, and all affections attendant upon?
a uric acid condition?This water is unequalled for the cure of rheu??
matism, gout, constipation, all forms of dyspepsia, stone in the?
bladder, catarrh of the stomach, Bright's disease, dropsy, nausea,?
haematuria and catamenial derangements, and all diseases of the?
blood ", said label bearing in addition directions for taking, and a?
certified analysis, which analysis contained, among other things, the?
statement that the product contains 2.86 grains of lithium bicarbonate?
per imperial gallon. A sample of the above product was procured and?
analyzed by the Bureau of Chemistry, United States Department of?
Agriculture, and it was found to contain only a spectroscopic trace?
of lithium, about 0.02 milligram per liter, insufficient to give the?
therapeutic effect of lithia water. As it appeared from the findings?
of the analyst and report made that the product was misbranded?
within the meaning of the Food and Drugs Act of June 30, 1906,?
and was liable to seizure under section 10 of the act, the Secretary of?
Agriculture reported the facts to the United States attorney for the?
District of Columbia.
In due course a libel was filed in the Supreme Court of the said?
district against the said 92 bottles of Harris' Lithia Water, charging?
the above offering for sale, and alleging that the product in question?
was misbranded within the meaning of the act because it was labeled?
as above set forth, when in truth and in fact the product did not con??
tain an appreciable amount of lithium, nor one one-hundredth of the?
amount or proportion of lithium bicarbonate per imperial gallon
98769??No. 924?11
stated upon the label as aforesaid, and would not give the therapeutic?
effect of lithium when a reasonable quantity of said water was con??
sumed, and because said water was not a lithia water nor entitled by?
reason of its ingredients to be so called, but was offered for sale under?
the distinctive name of another article (lithia water), the labeling?
in question being such as to mislead and deceive the purchaser; and?
praying seizure, condemnation, and forfeiture of the product. There??
upon Thomas H. Atkinson, Washington, D. C, consignee of the 92?
bottles in question, entered his appearance as claimant to the above?
product, and filed his plea and answer admitting the allegations of?
the above libel, and consenting that a decree of condemnation be?
entered against said goods, and petitioning that the 92 bottles above?
referred to be delivered to him upon the payment of the costs of these?
proceedings and the execution of a good and sufficient bond, condi??
tioned that the product should not be sold or disposed of contrary?
to law.
On March 8, 1911, the cause came on for hearing on the above?
libel and answer, and the court being fully informed in the premises,?
issued its decree, finding the above mentioned 92 bottles of Harris'?
Lithia Water to be misbranded as alleged in said libel, and condemn??
ing and forfeiting the same to the use of the United States, with the?
proviso, however, that upon the payment by said claimant of all the?
costs of this proceeding and execution of the bond described in his?
answer, the said 92 bottles be released to said claimant. The said?
costs having been paid and bond furnished, in accordance with the?
terms of the decree, the goods were released to claimant.
This notice is given pursuant to section 4 of the Food and Drugs?
Act of June 30, 1906.
JAMES WILSON,?
Secretary of Agriculture.
WASHINGTON, D. C, May 29, 1911.