3863. Adulteration and misbranding of coffee.   U. S. v. E. B. Muller & Co.   Plea of guilty.?
Fine, $50.   (F. & D. No. 4036.   I. S. No. 1452^-d.)
On January 4,1913, the United States Attorney for the Eastern District of Michigan,?
acting upon a report by the Secretary of Agriculture, filed in the District Court of the?
United States for said district an information against E. B. Muller & Co., a corpora??
tion, of New York, N. Y., with a place of business at Port Huron, Mich., alleging ship??
ment by said company, in violation of the Food and Drugs Act, on December 14,1911,?
from the State of Michigan into the State of Kentucky, of a quantity of coffee substi??
tute which was adulterated and misbranded. The product was labeled: "Arabian?
Blend Climax X" [Picture of camel stenciled on bag.] "Ouerbacker & Co., Louis??
ville, Ky."
Examination of a sample of the product by the Bureau of Chemistry of this Depart??
ment showed that it consisted of wheat, starch, cocoa shells, peanuts, and a legume.
96	
BUREAU  OF  CHEMISTRY.	
[February,
Adulteration of the product was alleged in the information for the reason that it was?
labeled in such a manner as to purport to be coffee, whereas, in truth and in fact, other?
substances had been substituted wholly and in part for the article, to wit, cereal and?
legumes, as demonstrated by the analysis of samples of the product by the Bureau of?
Chemistry of the Department of Agriculture. Misbranding was alleged for the reason?
that there was printed on the product as the label thereof and on the 10-pound bags?
thereof the words and figures: "Arabian Blend Climax X," and said statement,?
"Arabian Blend Climax X, " borne on the label, as aforesaid, was false and misleading?
for the reason that the aforesaid language conveyed and sought to convey the impres??
sion that the product was coffee, whereas, in truth and in fact, it was not coffee but a?
mixture of roasted cereal and legume prepared in imitation of coffee. Misbranding?
was alleged for the further reason that the product was an imitation of another article,?
to wit, coffee, and was not labeled, branded and tagged so as to plainly indicate that?
it was an imitation, and was so labeled and branded as to deceive and mislead the?
purchaser, being labeled and branded: ""Arabian Blend Climax X, " thus deceiving?
and misleading the purchaser into the belief that it was coffee when as a matter of fact?
it was not coffee but, on the contrary, a mixture of roasted cereal and legumes.
On January 10,1913, the defendant company entered a p]ea of guilty to the informa??
tion, and the court imposed a fine of $50.
B. F. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, February 9,1914-