0107. Adulteration and 'Misbranding of lithia water. U. S. * * * v. 25. 
Cases * * * of a Product Purporting to lie I itlsia "Water. De- 
fault   decree   of   condemnation,  forfeiture,   and   destruction.      (P.   &
D. No. 13869.    I. S. No. 7489-t.     S. No. E-2851.)
On November 16, 1920, 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 
condemnation of 25 cases of a product purporting to be lithia water, remaining 
unsold in the original unbroken packages at New York, N. Y., alleging that the 
article had been shipped on or about September 9, 1920, by the Equinox Moun- 
tain Spring Co., Manchester, Vt., and transported from the State of Vermont 
into the State of New York, and charging adulteration and misbranding in 
violation of the Food and Drugs Act. The article was labeled in part: " Equi- 
nox Equinox Spring Co. Manchester Vermont The Equinox Mountain Spring 
Inc. * * * Trade Mark Registered Equinox Lithia Water Artificially Car- 
bonated   Bottled at Equinox Springs Manchester, Vermont, U. S. A."
Adulteration of the article was alleged in the libel for the reason that an 
artificially prepared mineral water had been substituted wholly or in part for 
the actual lithia water, which the article purported to be.
Misbranding was alleged for the reason that the packages containing the 
article and the labels thereon bore statements regarding the said article and 
the ingredients and substances contained therein, to wit, " Equinox Lithia 
Water * * * Bottled at Equinox Springs," " The Equinox Mountain 
Spring," which were false and misleading and deceived and misled the pur- 
chaser when applied to an artificial mineral water, prepared by adding a salt 
of lithium, sodium chlorid, and sodium bicarbonate to a lightly mineralized 
spring water, and for the further reason that said article was an imitation of, 
and was offered for sale under the distinctive name of, another article.
On January 24, 1921, 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.
E. D. BALL, Acting Secretary of Agriculture.