20886. Misbranding of Cal Spa mineral water.    IT. S. v. 46 Bottles, et al.r
of Cal Spa Mineral Water. Decrees of condemnation and for- 
feiture. Portion of product destroyed. Remainder released 
under bond to be relabeled. (F. & D. nos. 29994, 30347, 30643. Sample 
nos. 23040-A, 30981-A, 40113-A.)
Examination of the composition and labeling of the Cal Spa mineral water 
involved in these cases disclosed that it contained no ingredient or combination 
of ingredients capable of producing certain curative and therapeutic effects 
claimed in the labeling. The article was found to contain materially less 
potassium iodide than declared on the label.
On March 30, 1933, the United States attorney for the Northern District 
of California, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 46 bottles of 
Cal Spa mineral water at San Francisco, Calif., alleging that the article 
had been shipped in interstate commerce into the State of California, on or 
about March 1, 1933, by F. A. Wiggins, from Seattle, Wash. On or about April 
22, 1933, a libel was filed in the Western District of Washington against 29" 
eases of Cal Spa mineral water at Seattle, Wash., and on June 21, 19B3, a 
libel was filed in the Northern District of Ohio against 33 bottles of the- 
product at Youngstown, Ohio, alleging shipment of the said lots, on or about
March 25, 1933, by the Natural Products Co., from Eugene, Oreg., into the 
States of Washington and Ohio, respectively. All libels charged that the 
article was misbranded in violation of the Food and Drugs Act as amended.
Analysis of a sample of the article by this Department showed that it 
consisted of water containing salts of calcium, magnesium, potassium, and 
sodium, including iodide equivalent to not more than 1.75 grains of potassium 
iodide per gallon.
The libels alleged that the article was misbranded in that the statement, 
"Certified Analysis Grains Per U. S. Gallon * * * Potassium Iodide 
106.00 ", was false and misleading, since analysis showed materially less potas- 
sium iodide. Misbranding was alleged for the further reason that the following 
statements appearing in the labeling, regarding the curative and therapeutic 
effects of the article, were false and fraudulent: (Label, fruit panel) "Tonic 
ŚCorrects Acidity of the entire system"; (back panel) "Normal health is 
regained by correct functioning of bodily organs, glands, and blood stream. 
These all act properly when acidity of the entire system is corrected and min- 
eral deficiencies of calcium and iodine are restored. As Cal-Spa replenishes 
these deficiencies it is recommended in the treatment of: Kidney Ailments, 
Stomach Disorders, Pulmonary Infection, Skin Eruptions, Hay Fever, Rheuma- 
tism, Goitre, Nervousness, and as a general tonic in regaining and maintaining 
normal health. * * * In very rundown conditions * * * In some cases 
there is a slight reaction. This is caused by correction of acidity and elimina- 
tion of poisons. * * * For * * * infection use full strength. * * * 
For catarrh or Hay Fever "; (small strip label) "Tonic."
On April 26, 1933, and September 5, 1933, no appearance or claim having been 
entered in the cases instituted in the Northern District of California and 
Northern District of Ohio, judgments were entered condemning the product 
and ordering that it be destroyed. The Cal-Spa Co., Eugene, Oreg., entered 
an appearance in the case instituted in the Western District of Washington, 
admitted the allegations of the libel, and consented to the entry of a decree. 
On April 27, 1933, judgment of condemnation and forfeiture was entered, and 
it was ordered by the court that the product be released to the claimant upon 
payment of costs and the execution of a bond in the sum of $250, conditioned 
that it be relabeled so that it conform with the Federal Food and Drags Act.
R. G. TTTGWELL, Acting Secretary of Agriculture.