10167. Adulteration and misbranding of mineral -water. IT. S. * * * v.?
109 Cases * * * and 598 * * * Cans of * * * Mineral?
Water. Default decree of condemnation, forfeiture, and destruc??
tion.     (F. & D. No. 15333.    I. S. No. 11003-t.    S'. No. W-1001.)
On August 27, 1921, the United States attorney for the District of Colorado,?
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 109 cases, each containing one dozen bottles, and 598 five-gallon cans of?
mineral water, remaining unsold in the original unbroken packages at Denver,?
Colo., consigned by the Capon Springs Co., Winchester, Va., alleging that the?
article had been shipped from Winchester, Va., on or about June 22, 1921,?
and transported from the State of Virginia into the State of Colorado, and?
charging adulteration and misbranding in violation of the Food and Drugs?
Act. The article was labeled in part, " Cacapon Healing Water * * *?
Capon Springs Co.   Capon Springs, W. Va."
Analysis of a sample of the article by the Bureau of Chemistry of this?
department showed that it was a moderately mineralized water and that the?
dissolved mineral matter consisted chiefly of calcium bicarbonate. The analy??
sis showed further that the sample was polluted.
Adulteration of the article considered as a food was alleged in the libel?
for the reason that it consisted wholly or in part of filthy, decomposed, and?
putrid animal or vegetable substances.
Misbranding of the article considered as a food was alleged for the reason?
that the said article was in package form, and the quantity of the contents?
was not plainly and conspicuously marked on the outside of the bottles, since?
it was a liquid and the contents were stated in pounds. Misbranding of the?
article considered as a drug was alleged for the reason that the following?
statements on the label, regarding the curative and therapeutic effect of the?
said article, to wit, " For Over Two Centuries Leading Physicians Have Pre??
scribed Cacapon (Healing Water) For Many Diseases, Including Some Thought?
Incurable. * * * Drink * * * And Live * * * Tonic, Alterative?
And Diuretic, * * * I know of No Water Comparable To Capon for?
bladder and kidney troubles. * * * I have observed striking results in?
rheumatic gout, syphilitic rheumatism and chronic inflammation * * *,"?
were false and fraudulent, since the said article contained no ingredient or?
combination of ingredients capable of producing the effects claimed.
97720?22?2
90	
BUREAU   OF   CHEMISTRY.	
[Supplement 134,
On December 22, 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. The mar??
shal was further directed to s'ell the containers of the said product if he?
should find it to the advantage of the Government to do so.
C. W. PUGSLEY, Acting Secretary of Agriculture.