3136. Adulteration and misbranding of "West Baden Sprudel Water. U. S. v.?
28 Cases of West Baden Sprndel Water. Default decree of con??
demnation, forfeiture, and destruction. " (P. & D. No. 5269. S. No.?
1851.)
On June 28, 1913, the United States Attorney for the Southern District of?
Ohio, acting upon a report by the Secretary of Agriculture, filed in the Dis??
trict Court of the United States for said district a libel for the seizure and con??
demnation of 28 cases, each containing 24 bottles of so-called West Baden?
Sprudel Water, remaining unsold in the original unbroken packages and in?
the possession of Levi & Ottenheimer, Cincinnati, Ohio, alleging that the product?
had been shipped from the State of Indiana into the State of Ohio, and charg??
ing adulteration and misbranding in violation of the Food and Drugs Act.?
The product was labeled: (On cases) "Ask your druggist for West Baden?
Sprudel Water?Twenty-four large?The World's Greatest Aperient?Price 35?
cents. (Trade Mark) Bottled at the springs only by The West Baden Springs?
Company, West Baden, Indiana.?Guaranteed under the Food and Drugs Act,?
June 30, 1906, Serial No. 9857; Levi & Ottenheimer, Cincinnati, Ohio.?From?
The West Baden Springs Co., West Baden, Indiana." (On neck of bottle)?
" Strictly fireproof, West Baden Springs Hotel, Open all the year. Eighth?
wonder of the world." (Principal bottle label consists of three panels) (First?
panel) "Anatysis by the Columbus Laboratories of Chicago. ' Renders excel??
lent service in all nutritional disturbances such as gout, rheumatism, uric acid,?
diabetes, obesity, etc., by its active influence on tissue metamorphoses, possess??
ing ingredients essential to the process of osmosis, combustion, digestion, se??
cretion and increasing oxidation and elimination.'" (Middle panel) "Ask?
your druggist for West Baden Sprudel Water, The World's Greatest Aperient.?
(Design?Trade Mark) Price 35 cents?Bottled at the springs only by The?
West Baden Springs Company, West Baden, Indiana?Guaranteed under the?
Food and Drugs Act, June 30, 1906, Serial No. 9857." (Third panel) "West?
Baden Sprudel Water is a Sulphated, Saline Hydragogue cathartic. The chlo??
ride of sodium, causing an increase of flow of gastric juice, bile, pancreatic?
juice and intestinal fluid, promotes appetite and aids in the process of diges??
tion. The sulphate of sodium and magnesium directly stimulate the action of?
the intestines thus promoting the easy and painless removal of waste products?
from the system; they thus become useful in catarrh of stomach, intestinal?
48304??14?3
348	
BUREAU  OF  CHEMISTRY.	
[May, 1914.
sluggishness, torpid liver and constipation. Dose: As a purgative, four ounces?
(eight tablespoonsful) and as a laxative, two ounces (four tablespoonsful)?
best taken in a tumbler of hot or cold water half an hour before breakfast."
Adulteration of the product was alleged in the libel for the reason that it con??
tained and in part consisted of a filthy and decomposed animal substance. Mis??
branding was alleged for the reason that the aforesaid labels on the bottles?
and cases bore certain statements, designs, and devices regarding the article?
and the ingredients and substances contained therein, which said statements,?
designs, and devices, to wit, the name " West Baden Sprudel Water," to??
gether with the pictorial representations on the labels, were false, misleading,?
and deceptive, in that they represented, imported, and indicated the article to?
be a natural spring water without additions or abstractions of any kind,?
whereas, in truth and in fact, such was not the fact, and sodium* sulphate,?
magnesium sulphate, and a little sodium chlorid had been added to the article,?
and that by reason of the facts aforesaid, the article was further misbranded,?
in that it was labeled and branded as aforesaid so as to deceive and mislead?
the purchaser thereof.
On July 16, 1913, no claimant having appeared for the property, although the?
West Baden Springs Co., West Baden, Ind., the bottler and shipper, and the?
firm of Levi & Ottenheimer, Cincinnati, Ohio, were given due, legal, and actual?
notice of the proceedings herein, an order pro confesso was entered, and there??
after on November 5, 1913, final judgment of condemnation and forfeiture was?
entered, and it was ordered by the court that the product should be destroyed?
by the United States marshal.
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, May 21, 1914.