NOTICE  OF JUDGMENT  NO. 2210.
(Given pursuant to section 4 of the Food and  Drags Act.)
ADULTERATION  AND  ALLEGED MISBRANDING  OF  COFFEE.
On September 30, 1912, the United States Attorney for the District 
of New Jersey, acting upon a report by the Secretary of Agriculture, 
filed in the District Court of the United States for said district an 
information in three counts against the Great Atlantic & Pacific Tea 
Co., a corporation, Jersey City, N. J., alleging shipment by said com- 
pany, in violation of the Food and Drugs Act, on January 10, 1912, 
from the State of New Jersey into the State of Kentucky, of a quan- 
tity of coffee which was adulterated and misbranded. The product 
was labeled: (On bag) "706 Urban S. U. 91" (Tag on bag) "The 
Great Atlantic & Pacific Tea Co., Incorporated." (Tag inside of 
bag) "40 lbs., P. G. Java 400."
Examination of a sample of the product by the Bureau of Chemis- 
try of this Department tended to show that the product was not from 
the island of Java, but that it was a Colombian coffee, probably 
Bogota. Adulteration of the product was alleged in count 1 of the 
information for the reason that, being an article of food used by man, 
it contained a substance which had been substituted wholly for the 
product, that is to say, in that a substance, to wit, Colombian coffee, 
had been substituted for Java coffee. Adulteration was alleged in 
count 2 of the information for the reason that the product contained 
a substance which had been substituted in part for the article, that 
is to say, in that a substance, to wit, Colombian coffee, had been sub- 
stituted for Java coffee. Misbranding was alleged in the third count 
of the information for the reason that the product being an article 
intended to be used for food by man, was contained in a bag which 
bag had on the inside thereof a tag bearing the statement "40 lbs 
P. G. Java, 400," meaning by said letters "P. G." and the word 
"Java," that the coffee was of private growth, from the island of 
Java, by reason whereof the product was misbranded within the 
meaning of the act aforesaid, to wit, in that the said statement "P. 
G. Java" was false and misleading in that the product did not consist 
of Java coffee, but on the contrary consisted of Colombian coffee.
76321°—No. 2210—13
Misbranding was alleged for the further reason that the said state- 
ment "P. G. Java" regarding the ingredients or substances contained 
therein was false and misleading, as the product was an imitation of 
another article, and tended to deceive and mislead the purchaser into 
the belief that it was private growth Java coffee, when in truth and 
in fact it was Colombian coffee.
On October 28, 1912, the defendant company entered a plea of 
non vult as to the first count of the information and the court imposed 
a fine of $50. A nolle prosequi was entered as to counts 2 and 3 of 
the information.
W. M. HAYS, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, January 16, 1913.
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