9560. Misbranding of Devonia mineral water. U. S. * * * v. 773 Cases 
* * * of Devonia Mineral Water. Default decree of condemna- 
tion, forfeiture, and destruction. (F. & D. No. 11078. I. S. No. 
7191-r.    S.  No.   C-1415.)
On August 21, 1919, the United States attorney for the Western District of 
Kentucky, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel for the seizure and 
condemnation of 773 cases, each containing 12 bottles, of Devonia mineral water, 
consigned by the Devonian Mineral Springs Co., Lorain, Ohio, May 31, 1919, 
remaining unsold in the original packages at Louisville, Ky., alleging that the 
article had been shipped from Lorain, Ohio, and transported from the State of 
Ohio into the State of Kentucky, and charging misbranding in violation of the 
Food and Drugs Act, as amended. The article was labeled in part: (Carton) 
" Devonia-Nature's Medicine A remarkable combination of natural curative 
agents. Restores the bodily functions to their natural working order * * * ;" 
(wrapper around bottle) "Contents Average 32 Fluid Ounces Devonian Fr- 
edonia Aqua Remedium Spring Mineral Water * * * a natural tonic and 
reconstructor, * * * Indicated in: Chronic Indigestion, Constipation, Dys- 
pepsia, Rheumatism, * * * Nervous Debility, * * * High Blood Pres- 
sure, Hardening of the Arteries * * * Devonian Mineral Springs Co., 
Lorain, 0.    *    *    * "
Analysis of a sample of the article hy the Bureau of Chemistry of this de- 
partment showed the following results :
Grains in 
Anhydrous salts. 
I'D. S. gallon.
Ammonium chlorid 
3. 207
Potassium chlorid 
: 
\0 No nor-
Sodium chlorid 
j2' 866" 026
Sodium nitrite 
Absent.
Sodium nitrate 
None.
Magnesium chlorid 
1, 276. 413
Calcium chlorid 
2, 301. 830
Calcium sulphate 
57.448
Calcium bicarbonate 
5.140
Ferrous bicarbonate 
. 076
Alumina (A1,0.) 
5.491
Iron and sulphur (in suspension)   (Fe203) 
.012
Hydrogen sulphid gas 
5.549
Total 
6,521.192
Misbranding of the article was alleged in substance in the libel for the reason 
that the package or label thereof bore and contained certain statements, de- 
signs, and devices regarding the curative or therapeutic effect of the said article, 
which were false and fraudulent in that they represented the said article to be a 
natural tonic and reconstructor, a combination of healing properties bottled at 
the well without doctoring or alteration of any kind, that it assisted nature to 
adjust itself by putting the functions of the body in normal condition, that it was 
indicated in chronic indigestion, constipation, dyspepsia, rheumatism, neuralgia, 
nervous debility, neurasthenia, high blood pressure, hardening of the arteries 
(arteriosclerosis), and anemia, that it was effective in skin and blood and scalp 
affections, and a valuable remedy for catarrhal conditions, and would restore 
functions of the human body to working order.   Misbranding was alleged for the
further reason that the said label was false and misleading with respect to the 
amount of ammonium chlorid, sodium chlorid, magnesium chlorid, calcium 
chlorid, calcium sulphate, calcium bicarbonate, ferrous bicarbonate, and 
alumina, as well as with respect to the total amount of dissolved mineral matter 
contained. Misbranding was alleged in substance for the further reason that 
the label was not plainly and conspicuously marked to evidence the true quantity 
of the contents of the said bottles.
On January 26, 1921, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
C. W. PUGSLEY, Acting Secretary of Agriculture.