1848 ARTICLE 43

public place as a spring, well or mineral water, it be found upon analysis
to differ in composition or constituents from the composition or constituents
of the water taken from the spring, well or other original source, or alleged
original source, from which such water is obtained or alleged to be obtained,
unless the changes therein or additions thereto be plainly indicated upon
the label; provided, that in the case of waters manufactured to resemble
natural mineral waters, such waters must be labeled in a conspicuous
manner "artificial"; and provided further, that when such waters are
sold or served as mineral waters, they must contain one or more mineral
constituents in sufficient quantities to have a therapeutic effect from these
constituents when a reasonable quantity of the water is consumed.

Second. If when advertised and sold as a pure drinking water, spring,
well or mineral water, it shows contamination.

An. Code, 1924, sec. 192. 1912, sec. 169. 1910, ch. 156, sec. HOD (p. 149). 1916, ch. 667.

1935, ch. 173.

192. The term misbranded, as used herein, shall apply .to all drugs or
articles of food or articles which enter into the composition of food the
package or label of which shall bear any statement, design or device regard-
ing such article or the ingredients or substances contained therein, which
shall be false or misleading in any particular, and to any food or drug
product which is falsely branded as to the State, Territory, place or country
in which it is manufactured or produced; that for the purpose of Sections
189 to 200, an article shall also be deemed to be misbranded.

In the case of drugs:

First. If it be an imitation of or offered for sale under the name of
another article.

Second. If the contents of the package as originally put up shall have
been removed in whole or in part and other contents shall have been placed
in such package.

Third. If it be labeled or branded so as to deceive or mislead the
purchaser, or purports to be a foreign product when not so.

Third A. If its package or label shall bear or contain any statement,
design or device regarding the curative or therapeutic effect of such article
or any of the ingredients or substances contained therein, which is false
or misleading in any particular. Any representation concerning the cura-
tive Or therapeutic effect of any drug shall be deemed false if such repre-
sentation is not supported by substantial medical opinion or demonstrable
scientific facts.

Fourth. If the package fails to bear a statement on the labelof the
quantity or proportion of any alcohol, opium, morphine, diacetyl morphine,
heroin, cocaine, holocaine, alpha or beta eucaine, novocaine, alypin,
chloroform, cannabis indica, chloral hydrate, codeine, acetanilid, anti-
febrin, acetphenetidin, phenacetine, antipyrin, or any derivative or prepa-
ration of any such substances contained therein; provided, that nothing
in this paragraph shall be construed to apply to the dispensing of pre-
scriptions of regularly licensed physicians, veterinarians and dentists,
intended for immediate or temporary use, and kept on file by the dis-
pensing pharmacists; and provided further, that nothing in this para-
graph shall be construed to apply to such drugs or medicines as are per-
sonally dispensed by regularly licensed practicing physicians, dentists and
veterinarians in the course of their practice. Physicians conducting drug