9444. Adulteration and Misbranding of Agua Nova Vita. V. S. * * * v. 
4 Bottles * * * of Aq.a Jfova Vita. Default decree of condem- 
nation, forfeiture, and destruction. (F. & D. No. 14079. I. S. No. 
5820-t.     S. No. E-2947.)
On December 16, 1920, the United States attorney for the Western 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 4 bottles, more or less, of Aqua Nova Vita, consigned by the 
Aqua Nova Vita Co., Lorain, Ohio, remaining unsold in the original unbroken 
packages at Buffalo, N. Y., alleging that the article had been shipped from 
Lorain, Ohio, on or about November 22, 1920, and transported from the State 
of Ohio into the State of New York, and charging adulteration and misbrand- 
ing in violation of the Food and Drugs Act, as amended.
Analysis of a sample of the article by the Bureau of Chemistry of this de- 
partment showed that it was ordinary salt water, slightly radioactive, and 
that it contained B. coli in small quantities, which rendered it polluted.
Adulteration of the article was alleged in the libel for the reason that it 
consisted wholly or in part of a filthy, decomposed, and putrid animal or vege- 
table substance.
Misbranding of the article considered as a food was alleged in substance for 
the reason that the bottles bore labels which contained statements regarding 
the article which were false and misleading in that the said statements im- 
ported that the article contained 12.50 [1250] M. U. of radio emanation, 
whereas, in truth and in fact, it contained a less amount of radio emanation,, 
and for the further reason that the said article was an imitation of, and was 
offered for sale under the distinctive name of, another article. 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 of the article considered as a drug 
was alleged for the reason that the following statements appearing on the label 
on the bottles, to wit, " * * ' * all forms of cancer * * * ordinary scalp 
troubles, * * * skin diseases * * * is a Remedy in all Chronic Blood and 
Gland Diseases   Hardening Of The Arteries    High Blood Pressure or Arterio-
Sclerosis   Ulcers, Tumors and Cancers Internal or External   Syphilis Especially 
Effects in Inherited Disease   Anemia and Pernicious Anemia   Loss of Strength, 
Weight and Power, Tuberculosis of the Lungs, Stomach, Kidney, Bones, and 
Skin   Rheumatism If due to any cause above mentioned.   Nervous Diseases In 
the first stage of Paralysis, Paresis, Paranoia Insomnia or Sleeplessness, Im- 
potence, Locomotor-Ataxia, Senile Dementia, Melancholia, all Nervous Disorders 
clue to Arterio-Sclerosis.   Improper Menstruation and the Menopause or Change 
of Life Period of Females.    In all but the last stage of Chronic Stomach Trou- 
bles, Indigestion, Dyspepsia, Gastritis and Ulceration, Chronic Liver Troubles, 
Jaundice,  Biliousness,   Gall-stones  and  Cirrhosis,  Diabetes,   Chronic  Kidney 
Troubles, Dropsy, Bright's Disease, Nephritis.    All Disease due to Malignant 
Bacteria in the Bowels, including Typhus and Typhoid,    All Skin and Scalp 
Diseases, due to Blood Impurity, Bacterial or vegetable Parasites. 
Acts as a general antitoxin against all forms of bacteiv.8-! poisons, no matter 
where located in the human system.    Acts as a solvent in a^ forms of mineral 
deposits,  sclerosis,  calculi  and  others.   Restores  blood pres:sure  to  normal 
*    *    *    brings tissue and weight back to normal.   Automatic stops all 
excessive use of all stimulants, whether alcohol, tobacco, coffee,  tea an(^ a"- 
narcotic drugs,    *    *    *   Restores the circulation of the blood, the,     r      e 
to arterio sclerosis, anaemia or other senile decay.    *    *    *   new life   c01118" 
in through the veins, a healthy appetite and a good digestion are some oi  ^ 
results    *    *    *    A full  recovery in  most chronic diseases    *    *    *    In  a 
troubles of Female Organs,    *    *    *    immediate relief,    *    *    *    will elimi- 
nate the trouble   *    *    *," were false and fraudulent since the article con- 
tained no ingredient or combination of ingredients capable of producing the 
curative and therapeutic effect claimed.
On April 14, 1921, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
C. W. PUGSLEY, 
Acting Secretary of Agriculture.