13223.   Misbranding of H and H water.     TJ. S. v. 25 Crates Natural H and H 
Water and 5 Cases Concentrated H and H Water.    Default decrees
of condemnation, forfeiture, and destruction.     (F. & D.  No.  16347.
I. S. Nos. 12711-t, 12712-t.     S. No. C-3648.)
On May 29, 1922, the United States attorney for the Middle District of Ten- 
nessee, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district libels praying the seizure and 
condemnation of 25 crates of natural H and H water and 5 cases of concentrated 
H and H water, remaining in the original unbroken packages at Nashville, 
Tenn., alleging that the articles had been shipped by the H & H Water Co., 
Dawsonsprings, Ky., in part February 8 and in part March 11, 1922, and 
transported from the State of Kentucky into the State of Tennessee, and 
charging misbranding in violation of the food and drugs act as amended. 
The natural water was labeled in part: (Bottle) " Indigestion, Stomach, Liver, 
and Kidney Troubles Malaria, Female Troubles." The concentrated water was 
labeled in part: (Bottle) "Indigestion, Stomach Liver and Kidney Troubles, 
Bright's Disease,    *    *    *    Jaundice, Malaria."
Analyses of samples of the articles by the Bureau of Chemistry of this de- 
partment showed that the natural water contained about 3.7 grams and the 
concentrated water about 190 grams per liter of dissolved mineral matter, most 
of whieh was magnesium sulphate.
Misbranding of the articles was alleged in substance in the libels for the 
reason that the labels on the containers (bottles) bore the above-quoted state- 
ments regarding the curative and therapeutic effects of the said articles, which
were false and fraudulent, in that the articles contained no ingredients or com- 
binations of ingredients capable of producing the effects claimed.
On November 26, 1923, no claimant having appeared for the property, judg- 
ments of condemnation and forfeiture were entered, and it was ordered by the 
court that the products be destroyed by the United States marshal.
R. W. DUNLAP, Acting Secretary of Agriculture.