21792. Adulteration and misbranding of O.K. Magnesium Mineral "Water. TJ. S. v. William E. Schmidt (O.K. Mineral Water Co.). Plea of guilty. Sentence deferred and defendant placed on probation for a period of 2 years. (F. & D. no. 30235. Sample no. 3347-A.) This case was based on an interstate shipment of mineral water which was found to be polluted and which was not labeled with a statement of the quantity of the contents. The article was represented- to be a magnesium mineral water, whereas only about one-third of the Tsalts present therein were magnesium salts. The labeling also bore unwarranted curative and therapeutic claims. On October 26, 1933, the United States attorney for the Eastern District of Illinois, acting upon a report by the Secretary of Agriculture, filed in the district court an information against William E. Schmidt, trading as the O. K. Mineral Water Co., Enfield, Ill., alleging shipment by said defendant on or about March 3, 1982, from the State of Illinois into the State of Michigan, of a quantity of O. K. Magnesium Mineral Water that was adulterated and misbranded. Analysis of a sample of the article by this Department showed that it con- sisted essentially of sodium sulphate and magnesium sulphate, smaller pro- portions of sodium chloride, calcium sulphate, and calcium carbonate, and traces of silica and sodium nitrate. Bacteriological tests showed that the water was polluted. It was alleged in the information that the article was adulterated under the provisions of the law relating to food in that it consisted in whole or in part of a filthy or decomposed animal or vegetable substance. It was further alleged that the article was misbranded under the provisions of the act relating to food in that it contained not more than one-third of salts of magnesium and was offered for sale and sold under the distinctive name of another article, to wit, magnesium mineral water, for the further reason that the statement, " O. K. Magnesium Mineral Water", borne on the label was false and misleading; and for the reason that it was labeled so as to deceive and mislead the purchaser, since the said statement represented that the article consisted wholly of magnesium mineral water, whereas it did not so consist but did consist of a product which was not more than one-third salts of magnesium. Misbranding was alleged for the further reason that the article was food in package form and the quantity of the contents was not plainly and conspicuously marked on the outside of the package. Misbranding under the provisions of the act relating to drugs was alleged for the reason that certain statements, designs, and devices regarding the therapeutic and curative effects of the article, appearing on the bottle labels, falsely and fraudulently represented that it was effective as a treatment, remedy, and cure for kidney and liver trouble, rheumatism, lumbago, malaria, gastritis, nervousness, and all forms of stomach trouble and effective to increase secretions. On December 19, 1933, the defendant entered a plea of guilty to the informa- tion. Imposition of sentence was deferred, and the defendant was placed on probation for a period of 2 years. M. L. WILSON, Acting Secretary of Agriculture.