22958. Adulteration and misbranding of Peerless Crystals. U. S. v. 2S2 
Packages and 12S Packages of Peerless Crystals. Default decree 
of condemnation, forfeiture, and destruction. (F. & D. no. 31720. 
Sample nos. 50751-A, 50752-A.)
This case involved a shipment of Peerless Crystals which were labeled to 
convey the impression that it was obtained by evaporation of the waters of 
Mineral Wells, Tex. Analysis showed that its composition differed from that 
of the minerals obtained from evaporation of the said waters, and also differed 
from the analysis printed on the label. The labeling contained unwarranted 
curative and therapeutic claims.
On December 15, 1933, the United States attorney for the Middle District of 
Alabama, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying condemnation of 282 half-pound packages and 
128 pound packages of Peerless Crystals at Opelika, Ala., alleging that the 
article had been shipped in interstate commerce in part on or about April 18, 
1933, and in part on or about April 29, 1933, by the Peerless Mineral Water & 
Crystal Co., Mineral Wells, Tex., and charging adulteration and misbranding 
in violation of the Food and Drugs Act as amended.
Analyses of samples of the article by this Department showed that it con- 
sisted of sodium sulphate with relatively small proportions of sodium chloride 
and magnesium sulphate.
It was alleged in the libel that the article was adulterated in that its 
strength and purity fell below the professed standard of quality under which 
it was sold, since it did not have the composition indican ed: " Leading physicians 
all over the nation recommend the use of Mineral Wells Water. * * * Only 
in recent years has this water been reduced to crystals—by the simple process 
of evaporation—with nothing added. * * * Peerless Crystals are made 
from pure genuine Mineral Wells Mineral Water— * * * A regular large 
size package of Peerless Crystals represents the mineral from about 15 gallons 
of mineral water and when added to the same amount of pure water produces 
a natural mineral water almost identical to that which comes from our 
wells.    *    *    *
Analysis of Peerless Mineral Water
Parts per 
million
Grains per 
gallon
Silica..  
Iron and aluminium oxide ions 
Calcium 
Magnesium 
Sodium 
Chloride     
Sulphate   
Bicarbonate    
Total  
Hypothetically combined as calcium bicarbonate
Calcium sulphate   
Magnesium sulphate 
Sodium sulphate 
Sodium chloride 
21.0
6.5
311.5
532.3
1,081.1
298.0
4,012.1
855.0
7,117. 5 
1,140.0 
90.0 
2,632.2 
2, 736.1 
491.7
1.22 
0.38 
13.04 
30.85 
62.78 
17.30 
232.70 
49.60
412.87
66.15
5.22
152.67
158.68 
28.57
Misbranding was alleged for the reason that the statement on the carton, "A 
Pure Natural Product made from * * * Mineral Wells Mineral Water— 
With Nothing Added—By evaporation Process", was false and misleading.
Misbranding was alleged for the further reason that the following statements 
regarding the curative or therapeutic effects of the article were false and 
fraudulent: (Carton) "'Where America drinks her way to health' Mineral 
Wells, Texas. Used In Treatment Rheumatism, stomach, kidney and bowel 
trouble, gout, * * * and numerous other ailments due to faulty elimina- 
tion."
On August 13, 1934, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
M. L. WILSON, Actinff Secretary of Agriculture.