13371. Adulteration and misbranding- of mineral water.    TJ. S. v, William
T.   Sims.    Plea  of guilty.     Fine, $25.     (F. & D. No.  11223.     I.  S.  No. 
7656-r.)
On December 9, 1919, the United States attorney for the Northern District 
of Texas, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against 
William T. Sims, alleging shipment by said defendant, in violation of the food 
and drugs act, on or about April 22, 1918, from Mineral Wells, Tex., into the 
State of Oklahoma, of a quantity of mineral water which was adulterated 
and misbranded. The article was labeled in part: " Natural Austin Well 
Water    *    *    *    One-Half Gallon W. T.  Sims, Mgr., Mineral Wells, Texas."
Examination of the article by the Bureau of Chemistry of this department 
showed that it was polluted, and four of the five bottles examined were found 
to contain less than one-half gallon of the article.
Adulteration of the article was alleged in the information for the reason that 
it consisted in part of a filthy, decomposed, and putrid animal substance, and 
for the further reason that it consisted in part of a filthy, decomposed vegetable 
substance.
Misbranding was alleged for the reason that the statement " One-Half Gal- 
lon," borne on the label, was false and misleading, in that it represented that 
each bottle of the article contained not less than one-half gallon thereof, 
and for the further reason that it was labeled as aforesaid so as to deceive 
and mislead purchasers into the belief that each bottle contained not less 
than one-half gallon of the article, whereas, in fact and in truth, each of said 
bottles did not contain one-half gallon of the 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 out- 
side of the package in terms of weight, measure, or numerical count.
On April 8, 1925, the defendant entered a plea of guilty to the information, 
and the court imposed a fine of $25.
C. F. MARVIN, Acting Secretary of Agriculture.