F. & D. No. 4013.
S. No. 1391	
Issued January 11, 1913.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE  OF JUDGMENT  NO. 1833.
(Glren pursuant to section 4 of the Food and Drugs Act.)
MISBRANDING OF COFFEE.
On May 20,, 1912, the United States Attorney for the Eastern?
District of Pennsylvania, acting upon a report by the Secretary of?
Agriculture, filed in the District Court? of the United States for said?
district a libel for the seizure and condemnation of 3 sacks, each?
containing approximately 100 pounds of so-called compound roasted?
coffee, remaining unsold in the original unbroken packages and in?
possession of the Merchants & Miners Transportation Co., Philadel??
phia, Pa., alleging that the product had been shipped on or about?
May 11, 1912, from the State of New York into the Stats of Penn??
sylvania and charging misbranding in violation of the Food and?
Drugs Act. The product was labeled: "Austin Nichols & Co., 100?
lbs ground compound X roasted coffee, New York."
Misbranding was alleged in the libel for the reason that the sacks?
containing the product bore a statement regarding It which was false?
and misleading in that the sacks bore the label set forth above wherein?
and whereby the product was represented to be ground compound?
roasted coffee, whereas in truth and iri fact it was not so, but was a?
mixture containing not more than 50 per cent of ground coffee, the?
remaining portion of said mixture consisting of chicory, cereals,?
legumes, and other materials other than coffee.
On June 14, 1912, Austin Nichols & Co., New York, N. Y., claim??
ants, having consented to a decree, judgment of condemnation and?
forfeiture was entered and it was further ordered that upon payment?
of all costs of the proceedings and the execution and delivery by said?
claimants of bond in the sum of $300, in conformity with section 10?
of the Act,  the product should be released and delivered to the
claimants.
W. M. HAYS,
Acting Secretary of Agriculture.?
WASHINGTON, D. C.; October 22, 1912.
64268??No. 1833?13