(Hi. J. 121.)
MISBRANDING OF MINERAL WATER.
(AS TO QUANTITY.)
In accordance with the provisions of section 4 of the Food and?
Drugs Act of June 30, 1906, and of regulation 6 of the rules and?
regulations for the enforcement of the act, notice is given that on the?
12th day of June, 1909, in the district court of the United States for?
the district of Maryland, in a proceeding of libel under section 10
of the aforesaid act, for seizure and condemnation of a misbranded?
mineral water?that is to say, 34 cases of " Pluto Concentrated Min??
eral Water," labeled and branded as containing " 2 Doz. Qts." bottles?
each, whereas, as a matter of fact, the average content per bottle was?
1.6 pints, the French Lick Springs Hotel Company, a corporation?
of French Lick, Ind., having appeared and filed its answer admitting?
the allegations of the libel, and the case having come on for a hear??
ing, the court rendered a decree of condemnation in substance and in?
form as follows:
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF MARYLAND.
UNITED STATES OF AMERICA
vs.
THIRTY-FOUR CASES OF MINERAL WATER.
The claimant in this cause having appeared, filed its answer, and admitted?
the allegations of the libel, that the articles libeled in this cause were mis-?
branded in that the cases containing the mineral water were branded " Two?
Dozen Quarts Pluto Concentrated; " the said answer having been considered?
and due deliberation having been had?
It is now ordered, adjudged, and decreed this twelfth day of June, in the?
year 1909, by the district court of the United States for the district of Mary??
land, that the articles libeled in this case are hereby condemned, and the?
marshal shall destroy the same on the 21st day of June, in the year 1909, or?
so soon thereafter as the said marshal can conveniently complete such destruc??
tion, provided, however, that the said articles shall be delivered to the claimant?
thereof, if on or before the 19th day of June, in the year 1909, the said claimant?
shall have paid all the costs of these libel proceedings, and shall have executed?
to the United States of America a good and sufficient bond in the penal sum of?
two hundred and fifty (250) dollars, with a surety or sureties to be approved?
by this court, or the clerk thereof, conditioned that the said articles so libeled?
shall not be sold or disposed of contrary to the provisions of the Food and?
Drugs Act of June 30th, 1906, or the laws of any State, Territory, District, or?
insular possession.
THOS. J. MORRIS,
District Judge.
The facts in the case were as follows:
On or about May 28, 1909, an inspector of the Department of?
Agriculture discovered in the Camden warehouses at Baltimore, Md.,?
34 cases (each containing 2 dozen bottles) of mineral water labeled?
and branded " 2 Doz. Qts. Pluto Concentrated Mineral Water."?
These cases had been shipped to the Camden warehouses by the?
French Lick Springs Hotel Company from French Lick, Ind., on or?
about April 12, 1909. A number of the bottles, examined in the?
Bureau of Chemistry, Department of Agriculture, proved to be of?
short measure, containing on the average 1.6 pints each. The water?
was, therefore, misbranded under section 8 of the act, and on May?
28, 1909, the facts were reported by the Secretary of Agriculture to
the United States attorney for the district of Maryland, and libel?
for seizure and condemnation was duly filed, with the result herein??
before stated.
H. W. WILEY,?
F. L. DUNLAP,?
GEO. P. MCCABE,?
Board of Food and Drug Inspection.?
Approved:
JAMES WILSON,
Secretary of Agriculture.
WASHINGTON, D. C., November 87, 1909.