NOTICE OF JUDGMENT NO. 2709.
(Given pursuant to section 4 of the Food and Drugs Act.)
U. S. v. Buckthorn Lithia, "Water Co.   Plea of guilty.   Sentence suspended on
payment  of  costs.
MISBRANDING OF LITHIA WATER.
On October 2, 1911, the United States Attorney for the Eastern 
District of North Carolina, acting upon a report by the Secretary of 
Agriculture, filed in the District Court of the United States for 
said district an information against the Buckhorn Lithia Water Co., 
a corporation, Henderson, N. C, alleging shipment by said company, 
in violation of the Food and Drugs Act, on May 10, 1910, from the 
State of North Carolina into the State of Georgia of a quantity of 
so-called Buckhorn Lithia Water which was misbranded. The prod- 
uct was labeled: " Note the marvelously quick effect on the kidneys. 
Buckhorn Lithia Water. This water has the highest scientific en- 
dorsement as a cure for catarrh of stomach or bowels, constipation 
and indigestion. Beneficial in all fevers especially typhoid. It gives 
the quickest relief in all uric acid troubles, thick or discolored urine, 
stone in bladder, pain in urinating. It cures kidney and bladder 
troubles, sciatica, rheumatism and gout. Trade Mark Registered. 
Buckhorn Lithia Water Co., Henderson, N. C. Analysis Grns. per 
U. S. Gal. Silica 1.592 Iron and aluminum (Oxides) .157 Cal- 
cium bicarbonate 9.698 Magnesium bicarbonate 2.566 Lithium bicar- 
bonate 4.706 Potassium chloride .058 Sodium chloride .612 Sodium 
Sulphate .344   Sodium bicarbonate .379   20.112   *   *   *"
Analysis of a sample of the product by the Bureau of Chemistry 
of this Department showed the following results: Ions (parts per 
million) : Phosphoric acid (P04), trace; metabolic acid (B02), very 
faint trace; silica (Si02), 29.73; sulphuric acid (S04), 2.20; car- 
bonic acid (C03), 0.00; bicarbonic acid (HC03), 137.50; nitric acid 
(N03), 0.22; nitrous acid (N02), 0.00; chlorin (CI), 6.50; bromin 
(Br), 0.00; iodin (I), 0.00; iron (Fe), 0.08; calcium (Ca), 30.99; 
magnesium (Mg), 4.74; potassium (K), 0.62; sodium (Na), 12.05; 
lithium (Li), 0.04; ammonium (No), 0.04; total, 224.71. Hypo- 
thetical combination (parts per million) : Ammonium chlorid 
(NH4C1), 0.12; lithium chlorid (Lil), 0.24; potassium chlorid 
(El), 1.18; sodium nitrate (nancy), 0.30; sodium chlorid (Natl). 
9.33; sodium sulphate (Na,SOJ,3.25; sodium bicarbonate (NaHC03),
14309°—No. 2709—14
26.48; magnesium bicarbonate (Mg(HC03)2), 28.52; calcium bicar- 
bonate (Ca(HC03)2), 125.31; ferrous bicarbonate (Fe(HC03)2), 
0.25; silica (Si02), 29.73; total, 224.71. Misbranding of the product 
was alleged in the information for the reason that the package and 
label bore statements, designs, and devices regarding the water and 
the ingredients and substances therein contained which were false and 
misleading; the statement of the label " Lithia Water " being mis- 
leading, deceptive, and false in that the water did not contain enough 
lithium to give the therapeutic effect of lithia water; and the state- 
ment of the label, " This water has the highest scientific.endorsement 
as a cure for catarrh of stomach and bowels, constipation and indi- 
gestion," was misleading, deceptive, and false, as it conveyed the 
impression that the product contained therapeutic properties capable 
of effecting a cure of all cases of the disorders and diseases men- 
tioned therein, whereas in fact it did not contain substances with 
therapeutic effects capable of producing a cure in all cases of the 
disorders and diseases aforesaid; and further, the statement in the 
label, " It gives the quickest relief in all uric acid troubles, thick or 
discolored urine, stone in bladder, pain in urinating " was mislead- 
ing, deceptive, and false, as it conveyed the impression that the 
said water possessed therapeutic properties capable of effecting the 
quickest relief in all uric acid troubles, thick or discolored urine, 
stone in bladder, and pain in urinating, whereas in fact it did not 
contain ingredients which would give the quickest relief in all uric 
acid troubles, thick or discolored urine, stone in bladder, or pain in 
urinating; and further, the statement in the label, " It cures kidney 
and bladder trouble, sciatica, rheumatism and gout," was mislead- 
ing, deceptive, and false, as it conveyed the impression that the waters 
contained ingredients possessing therapeutic properties which would 
produce a cure in all kidney and bladder troubles, sciatica, rheuma- 
tism, and gout, whereas in fact the water did not contain ingredients 
possessing therapeutic properties adequate to cure all cases of kidney 
and bladder troubles, sciatica, rheumatism, and gout; and further, 
the statement and analysis in the label, " Lithium bicarbonate 4.706 
grams. per U. S. Gal.," was misleading, deceptive, and false for the 
reason that the quantity of lithium present in the water was much 
less than the amount stated upon the label aforesaid.
On December 19, 1911, the defendant company entered a plea of 
guilty to the information and the court suspended sentence upon pay- 
ment of the costs, it appearing that there was no intention on the 
part of the defendant to violate the statute.
C. F. MARVIN,
Acting Secretary of Agriculture. 
WASHINGTON, D. C, October 7,1913.
2709
o