19853. Misbranding of La Mercey mineral water. U. S. v. 276 Bottles, 
et al., of La Mercey Mineral Water. Default decrees of condem- 
nation, forfeiture, and destruction. (1578-A, 1579-A. F. & D. N68. 
28723, 28724.)
Examination of a drug product, known as La Mercey mineral water, disclosed 
that the article contained no ingredients or combination of ingredients capable 
of producing certain curative and therapeutic effects claimed on the bottle label 
and in a circular shipped with the article.
On or about August 26, 1932, the United States attorney for the District of 
Oregon, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for the district aforesaid libels praying seizure 
and condemnation of 348 bottles of the said La Mercey mineral water, re- 
maining in the original unbroken packages at Portland, Oreg., alleging that the 
article had been shipped by the La Mercey Sales Corporation (Ltd.) in part 
from Dos Palos, Calif., on or about March 16, 1931, and in part from San 
Francisco, Calif., on or about May 28, 1931, by the La Mercey Co. (Inc.) and 
had been transported from the State of California into the State of Oregon, and 
charging misbranding in violation of the food and drugs act as amended.
Analysis by this department of a sample of the article' showed that it con- 
tained 0.24 per cent of dissolved mineral matter, chiefly sodium chloride.
It was alleged in the libels that the article was misbranded in that the fol- 
lowing statements appearing in the labeling, regarding the curative or therapeu- 
tic effects of the said article, were false and fraudulent, since it contained no 
ingredient or combination of ingredients capable of producing the effects 
claimed: (Bottle) "Directions Four bottles La Mercey should be taken 
monthly. One bottle (four glasses) daily for four days before expected period. 
Repeat monthly for four consecutive months. La Mercey may be required for 
a longer period. The use of La Mercey for the full four months is recom- 
mended, although beneficial results may follow the first month's use. Should 
period commence earlier than expected, continue the use of La Mercey until the 
entire four bottle treatment has been taken. Periods may normally be some- 
what delayed. In such case continue the use of La Mercey only until the four 
bottle treatment has been taken. * * * Four bottles are absolutely neces- 
sary each period for best results; " (blue circular) " * * * patients suffering 
from menstrual and menopause distress. * * * will cure dysmenorrhea 
usually in four months. Obstinate cases may require that the treatment be 
continued for six or seven months. Where women inquire for drugs known to 
be useful in the temporary relief of dysmenorrhea suggest to them that they 
switch to La Mercey Water as it is the only product known to science that will 
correct menstrual difficulties which cause pain. La Mercey Sales Corp. stands 
behind La Mercey Water and guarantees results provided the water is 
administered as directed."
On October 4, 1932, no claimant having appeared for the property, judgments 
of condemnation and forfeiture were entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
HETTET A. WALLACE, Secretary of Agriculture.