§ 380. Water.

Water was labeled "Basic Lithia Water, natural carbonic spring water, Basic, Virginia. Uric acid solvent. A pure, light, freestone, lithia water. Invaluable as a constant and exclusive drinking water, and in the prevention and cure of rheumatism, gout, malaria, typhoid fever and diseases of the kidneys, liver, blood and nerves." On analysis it was found that the water did not contain enough lithia in 2,000 grams to give a spectroscopic test; the amount of lithia present was not weighable, and if present in a quantity appreciable at all, it was estimated to be less than one-hundredth part per million. According to the United States Pharmacopoeia a dose of lithium is seven and one-half grains, and on this basis it would require many thousand liters of this water to contain a medicinal dose. The water evidently did not contain a sufficient quantity or consistency of lithia to make it of value for medicinal purposes. It was therefore held that the water was mislabeled.1 A like decision was made where the analysis showed the following statement was untrue: "Tuckahoe Lithia Water," and "This water is a sure solvent for calculi, either of the kidneys or liver, especially indicated in all diseases due to uric acid diathesis, such as gout, rheumatism, gravel stone, incipient diabetes, Bright's disease, inflamed bladder, eczema, stomach, nervous and malarial disorders. Water was labeled as follows: 'Sussus Wasser. A Concentrated Saline Purgative Water. Should crystals (due to concentration) form, immerse bottle in warm water. Formulae: Gms in liter Natrium Sulph. 55.03, Natrium Phos. 28.60, Natrium Chlor. 0.08, Alumen chlor. Trace; Dosage, wine glassful early in the morning." The words "Sussus Wasser" indicated that the water was a German natural water when it was not either a German water nor a natural one, but was an artificial water. It was held to be misbranded.3 A water was labeled "Londonderry Lithia Spring Water Co. For Rheumatism, Neuralgia, Dyspepsia,

12

1 N. J. 59; N. J. 94; N. J. 1032; N. J. 924; N. J. 968.

2 N. J. 424.

3 N. J. 375.

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Eczema, Malarial Poisoning, Gout, Gravel, Bright's Disease, Diabetes, Dropsy, and all diseases of the Kidneys and Bladder," followed by directions when to take and the quantity. Another quantity had the words on the label "Carbonated" and "Artificially Carbonated." On analysis it was found that there was no weighable amount of lithium in 2,000 c.c., but only a faint spectroscopic trace, insufficient to give the therapeutic action of lithia when a reasonable quantity of water was consumed. The second quantity contained sodium chloride and sodium bicarbonate, the presence of which was not stated on the label. It was held that they were misbranded.* A water was labeled as follows: "Foster and Foster, Props., Fairchild, Wis. Original California water of life, formerly known as Isham's Sweet Water Springs, San Miguel Mts., San Diego, Calif. The most salubrious spot on earth. Just as it flows from nature's laboratory. Famous for its miraculous power to destroy diseases and actually rejuvenates humanity by dissolving and evacuating calcareous old age matter and microbes. The worst form of kidney, stomach, blood and skin diseases yield to its marvelous power. Cures rheumatism, Bright's disease, diabetes, dropsy, gallstones, acute dyspepsia, insomnia, and gives new life. Makes the blood pure and postpones old age. No other water performs such wonderful cures. Requires less than one-half the amount of other medicinal waters to derive the desired results. Some physicians have specially requested that the precipitation, if any occurs, be saved for their own use as it is pronounced by chemists to be iron and silica and in no manner is the value of the water lessened or deteriorated." Analysis of samples of this product was made by the Bureau of Chemistry, United States Department of Agriculture, and it was found to contain no ingredients possessing therapeutic properties superior to those found in the average spring water or in any sense justifying the above claims of the shipper as to its curative qualities. The water was condemned."

4 N. J. 822; United States v. Morgan, 181 Fed. 587.

5 N. J. 830; N. J. 1032.

It must be borne in mind, how

§ 381. Water, Table and Medicinal.

"The department has received many letters from various water manufacturers and mineral water dealers asking which waters it will be necessary to label as 'artificial' or 'imitation.' It is thought that all manufactured waters should be labeled as either artificial or imitation, the choice of words being left to the manufacturer, and applying to waters contrived by human art and not made in imitation of a natural water, as well as to those so contrived and made in imitation of a natural water. A water which is designated by some name alone, without any characterizing adjective to tell whether it is natural, imitation, or artificial, will be considered a natural water. It is suggested that the words 'artificial' or 'imitation' be in as large type as the name of the water in question, and on a uniform background.

"All waters which, though natural in the beginning, have anything added to them or abstracted from them after they come from source, should either be labeled as 'artificial' or should be labeled as to indicate that certain constituents have been added to or extracted from them. It is suggested that the word 'artificial' or the above explanation, as the case may be, should appear in as large type as the name of the water in question and on a uniform background.

"The following examples are explanatory of the above principles. If lithia be added to a natural water, the water should either be labeled as 'artificial lithia water,' as 'water artificially lithiated,' or as 'water treated with lithia.' Again, if carbon dioxid be added to a natural water, whether the carbon dioxid be of the manufactured variety or collected from the spring itself, the water should either be labeled as 'artificially carbonated water,' 'water artificially carbonated,' 'water treated with carbon dioxid,' or 'contains added carbon dioxid.'

ever, that the Supreme Court has held since these decisions were made that the Pure Food and Drugs Act does not cover statements concerning the curative value of a

drug or medicine. United States v. Johnson, 31 Sup. Ct. 627.

To brand a water "Royal Lithia Water" when it does not contain lithium is to misbrand it. N. J.

"No water should be labeled as a natural water unless it be in the same condition as at source, without additions or abstractions of any substance or substances.

"No water should be labeled as 'medicinal water' unless it contains one or more constituents in sufficient amounts to have a therapeutic effect from these constituents when a reasonable quantity of the water is consumed. No water should be named after a single constituent unless it contains such constituent in sufficient amounts to have a therapeutic effect when a reasonable amount of the water is consumed. "No manufactured water should bear upon the label any design or device that would lead the consumer to believe that the water is a natural one. Among such designs may be mentioned pictures of springs, fountains, woodland streams, etc.

"No water should be characterized by a geographical name which gives a false or misleading idea in regard to the composition of said water. For example, it would not be correct to designate a water as 'Lithia water' merely because the water came from Lithia, Fla., or Lithia, Mass.

"Manufactured water may be named after a natural water in case the words 'imitation' or 'artificial' are used, but such manufactured waters must clearly resemble in chemical composition the natural waters after which they are named.

"In accordance with Regulation 19 (c) and (d), no natural American spring water should be named after a foreign spring, unless the name of the foreign spring has become generic and indicative of the character of the water, except to indicate a type or style, and then only when so qualified that it could not be offered for sale under the name of the foreign spring. In these cases, the State or Territory where the spring is situated should be stated on the principal label. "Inasmuch as mineral waters are largely purchased because of their supposed freedom from contamination, any showing such contamination will be considered as adulterated and therefore in violation of the Food and Drugs Act.'

1 F. I. D. 94. Impure "Ozone Vichy Water." N. J. 876.

§ 382. Whey.

Whey, containing 17.28 percent of water, branded as "butter," is misbranded.1

§383. Whisky.

"Under the Food and Drugs Act of June 30, 1906, all unmixed distilled spirits from grain, colored and flavored with harmless color and flavor, in the customary ways, either by the charred barrel process, or by the addition of caramel and harmless flavor, if of potable strength and not less than 80° proof, are entitled to the name whisky without qualification. If the proof be less than 80°, i. e., if more water be added, the actual proof must be stated upon the label and this requirement applies as well to blends and compounds of whisky.

"Whiskies of the same or different kinds, i. e., straight whisky, rectified whisky, redistilled whisky and neutral spirits whisky are like substances and mixtures of such whiskies, with or without harmless color or flavor used for purposes of coloring and flavoring only, are blends under the law and must be so labeled. In labeling blends the Act requires two things to be stated upon the label to bring the blended product within the exception provided by the statute: First, the blend must be labeled, branded or tagged so as to plainly indicate that it is a blend, in other words that it is composed of two or more like substances, which in the case of whisky must each be of itself a whisky, and, second, the word 'blend' must be plainly stated upon the package in which the mixture is offered for sale. A mixture of whiskies, therefore, with or without harmless coloring or flavoring, used for coloring and flavoring only, is correctly labeled 'Kerwan Whisky. A Blend of Whiskies.'

"Since the term whisky is restricted to distillates from grain, and distillates from other sourses are unlike substances to distillates from grain, such distillates from other sources without admixture with grain distillates are mis

1 N. J. 721.