10677.?Misbranding   of  The   Healing   Springs   Water.     V.   S.     *      *      *     v.   9
Cases * * * The Healing Springs Water. Default decree of?
condemnation, forfeiture, and destruction. (F. & D. No. 163(31.?
I. S. No. 15520-t.     S. No. E-3889.)
On June 3, 1922, the United States attorney for the Southern District of New?
York, 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 con??
demnation of 9 cases containing bottles of The Healing Springs Water at New?
York, N. Y., alleging that the article had been shipped on or about May 14, 1922,?
by the Virginia Hot Spring Co., Hot Springs "Va., and transposed from the?
State of Virginia into the State of New York, and charging misbranding in?
violation of the Food and Drugs Act, as amended. The article was labeled, in?
part, "A medicinal water recommended in the case of gout, rheumatism, in-?
somnia, kidney and bladder troubles and for the nervous system."
Analysis of a sample of the water by the Bureau of Chemistry of this de??
partment showed that it was a moderately mineralized water, the principal d's-?
solved constituents being bicarbonates of calcium and magnesium and sulphate?
of magnesium.
Misbranding of the article was alleged in the libel for the reason that the?
above-quoted statements, appearing on the bottle labels, regarding the curative?
and therapeutic effects of the article, were false and fraudulent for the reason?
that said article did not contain any ingredient or combination of ingredients?
capable of producing the effects claimed for it, and for the further reason that?
.said article was in package form and the quantity of the contents was not?
plainly and conspicuously marked on the outside of the package.
On August 4, 1922, 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. PTJGSLEY, Acting Secretary of Agriculture.