United States v. 353 Cases Mountain Valley Mineral Water Mountain Valley Sales Company, a Corporation, John G. Scott, and H. B. McFarling

SANBORN, Circuit Judge.

This is an appeal by the United State® from an adverse judgment in a libel proceeding brought by it on August 19,1953,. in the Western District of Tennessee, for the condemnation, under § 304(a) of the Federal Food, Drug, and Cosmetic Act, 52 Stat. 1040, as amended, 21 U.S.C. A. § 334(a), of a quantity of allegedly misbranded Mountain Valley Mineral Water, bottled by the Mountain Valley Spring Company, of Hot Springs, Arkansas, and shipped in interstate commerce. At the time of seizure in the' libel proceeding, the water and its accompanying sales literature was…