4099. Misbranding of Desert Springs Home Restorative Baths.   U. S. v. 103
9/12 Cases, etc   (F. D. C. No. 34085.    Sample No. 40670-L.)
LIBEL FILED :   November 14,1952, Western District of Washington.
ALLEGED SHIPMENT : On or about August 14 and 15, 1952, by the Kal Central
Distributing Co., from Pasadena, Calif.
PRODUCT : 103 9/12 cases, each full case containing 12 cartons and each car-
ton containing 1 dozen packets, of Desert Springs Home Restorative Baths at
Seattle, Wash., together with 100 sheets and 40 placards entitled "See for
Yourself," 1,000 pamphlets entitled "Desert Springs Home Restorative Baths,"
1 mimeographed letter entitled "Your Own Private Mineral Spring," 1 three-
page mimeographed article entitled "No. 6.   Direct Sales Approach," 4 mimeo-
graphed sheets entitled "No. 1. Here Is An Important New Product," 4 mimeo-
graphed sheets entitled "No. 2. Here Is A New Discovery," 4 mimeographed
sheets entitled "No. 3. Now ... At Last!" 4 mimeographed sheets entitled
"No. 4. One of the Loveliest," 3 mimeographed sheets entitled "No. 5. Thou-
sands and Thousands," 1 mimeographed sheet entitled "No. 7. Immediate
Release," 1 mimeographed sheet entitled "No. 8. Immediate Release," 4 letters
dated August 14 and 19 and September 10 and 18,1952,1 copy of a newspaper
mat entitled "New Desert Springs Home Restorative Mineral Baths," and 2
business reply cards entitled "Dear Edit'dr:*'
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements in the
labeling of the article, namely, the above-described cartons, sheets, pamphlets,
letters, mimeographed sheets, newspaper mat, placards, and business reply
cards accompanying the article, were false and misleading. The statements
represented and suggested that the article was an adequate and effective treat-
ment for arthritis, rheumatism, neuritis, overwork, tired, aching back, stiff
joints, nervous strain, aftermath of old injuries, tensions that prevent sound
sleep, a worn-out condition, sleeplessness, all kinds of ailments, and for pro-
viding in one's home restorative benefits and curative effects equal to those
derived by visiting world-famous mineral spring health resorts. The article
was not an adequate and effective treatment for such conditions or purposes.
DISPOSITION :   May 18, 1953.   Default decree of condemnation and destruction.