19049. Misbranding of Espirltu Water No. 2. U. S. v. 4 Cases of Espiritu 
Water No. 2. Default decree of condemnation, forfeiture, and 
destruction.     (F. & D. No. 27302.    I. S. No. 38888.    S. No. 5482.)
Examination of samples of mineral water, labeled Espiritu Water No. 2. 
from the shipment herein described showed that the labeling contained un- 
warranted curative and therapeutic claims. Examination further showed that 
the analysis printed on the label was incorrect and that the quantity of con- 
tents was not declared as required by law.
On November 30, 1931, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the
District Court of the United States for the district aforesaid a' libel praying 
seizure and condemnation of four cases of Espiritu Water No. 2, remaining 
in the original unbroken packages at Franklin, Mass., alleging that the article 
had been shipped by the Espiritu Water Co., from Safety Harbor, Fla., on or 
about October 26, 1931, and had been transported from the State of Florida 
into the State of Massachusetts, and charging misbranding in violation of the 
food and drugs act as amended.
Analysis of a sample of the article by this department showed that the dis- 
solved mineral matter consisted chiefly of chlorides of sodium, magnesium, 
and calcium, sulphate of calcium, and bicarbonate of calcium.
It was alleged in the libel that the article was misbranded in that the fol- 
lowing statements regarding the curative or therapeutic effects of the article, 
appearing on the bottle label and in the accompanying circular, were false and 
fraudulent, since it contained no ingredient or combination of ingredients 
capable of producing the effects claimed: (Bottle label) "No. 2 Water is used 
for: Kidney Stones, Neuritis, Rheumatism and other Kidney Irregularities. 
The Fountains of Youth * * * These waters have actually cured Bright's 
Disease, Bladder Troubles, Diabetes, Dropsy, High Blood Pressure, Gout, 
Neuritis, Stomach and Bowel Troubles, Rheumatism, Eczema and Psoriasis. 
* * * in Diseases of the Stomach, Liver and Kidneys, Rheumatism, Neu- 
ritis and Kidney Stones. The waters from these Springs are famous for 
their miraculous cures;" (circular accompanying only one of the shipping 
cases, fruit) "Endorsed and recommended by some of the most renowned 
physicians for Bright's Disease, Bladder Troubles, Diabetes, Dropsy, High 
Blood Pressure, Gout, Cystitis, Neuritis, Calculus, Sciatica and all other forms 
of Rheumatism, also Catarrh of the Stomach and Digestive Troubles of the 
Stomach and Bowels; Chronic Skin Diseases, especially the Squamous varie- 
ties, and Chronic conditions due to Malarial Infections. Not only recom- 
mended, but actually cures. The waters from these Springs have performed 
miracles;" (back of circular) "For Diabetes this Water stands alone. Bene- 
ficial for many Kidney and Rheumatic Conditions." Misbranding was further 
alleged for the reason that the article was labeled and branded so as to deceive 
and mislead the purchaser, in that the label bore a statement of analysis that 
was false and misleading. Misbranding was further alleged in that the article 
was food in package form and did not bear a statement of the quantity of 
contents.
On December 29, 1931, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
ARTHUR M. HYOE, Secretary of Agriculture.