NOTICE OF JUDGMENT NO. 2250.
(Given pursuant to section 4 of the Food and Drugs Act.)
MISBRANDING OF COFFEE.
On November 11, 1912, the United States Attorney for the South- 
ern District of Ohio, acting upon a report by the Secretary of Agri- 
culture, filed in the District Court of the United States for said district 
an information against Fred W. Hinz and William F. Hinz, copart- 
ners, trading and doing business under and by the name of F. W. Hinz 
& Son, Cincinnati, Ohio, alleging shipment by said defendants on 
August 26, 1911, from the State of Ohio into the State of Kentucky of 
a quantity of so-called Mocha and Java coffee which was misbranded. 
The product was labeled: "Hinz's Eagle Brand Mocha & Java Coffee 
is the only coffee. F. W. Hinz & Son. Cincinnati, O. This Coffee 
is our own private blend of highest grade coffees grown."
Examination of a sample of the product by the Bureau of Chemistry 
of this Department showed that each package contained 16 ounces of 
coffee, and tended to show that the blend was composed of about one- 
third Bourbon Santos and two-thirds Dutch East Indian, probably 
Java; also that the coffee used as Mocha was all or part Bourbon 
Santos. If any Mocha whatever was used in the blend it was in such 
small quantity as to have no effect upon it. The percentage of Java 
was greater than that of the other coffee used in the blend. The coffee 
used in place of Mocha and the Dutch East Indian coffee were neither 
the highest grade of that coffee grown. Misbranding of the product 
was alleged in the information for the reason that the label and brand 
set forth above bore statements regarding the product and the 
ingredients and substances contained therein which said statements 
were false, misleading, and deceptive, in that they purported and 
represented the product to be composed wholly of a mixture of Mocha 
and Java coffee, and to be a blend of the highest grade coffees grown, 
whereas, in truth and in fact, the product contained practically no 
Mocha coffee and consisted principally of Bourbon Santos and Dutch 
East Indian (probably Java) coffees, and the coffees so entering into 
the composition of the product did not make the same a blend of the 
highest grade of coffees grown.    Misbranding was alleged for the
80663°—No. 2250—13
further reason that the product was labeled and branded as aforesaid 
so as to deceive and mislead the purchaser into the belief that it was 
composed of a mixture of Mocha and Java coffees and consisted of a 
blend of the highest grade coffees grown, whereas, in truth and in 
fact, it contained only a very small amount, if any, of Mocha coffee, 
and was composed principally of Bourbon Santos and Dutch East 
Indian (probably Java) coffees, and was not a blend of the highest 
grade coffees grown.
On November 13, 1912, a plea of guilty was entered on behalf of 
defendants and the court imposed a fine of $25, with costs of $14.35.
W. M. HATS, 
Acting Secretary of Agriculture. 
WASHINGTON, D. C, January 25, 1913,
2250