3087. Misbranding of coffee.   U. S. v- 6 Canisters of Coffee and Chicory.   Decree of condem??
nation by consent.   Product released on bond.   (P. & D. No. 5190.   S. No. 1794.)
On May 6, 1913, the United States attorney for the Western District of Tennessee,?
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 6 canisters,?
each purporting to contain 60 pounds of coffee and chicory, remaining unsold in the?
original unbroken packages, and in possession of the Lewis Transfer Co., Memphis,?
Tenn., alleging that the product had been shipped on or about April 25, 1913, by?
Jaburg Bros., New York, N. Y., and transported from the State of New York into the?
State of Tennessee, and charging misbranding in violation of the Food and Drugs Act.?
The product was labeled "60 Lbs. net. C. C. Blend?Jaburg Bros., Coffees, New?
York." "Jaburg?Perfection?Coffee. Jaburg Bros., New York. Jaburg Bros.?
Specialist in hotel and lunch room coffees, 1 & 3 Worth St., 10 & 12 Leonard St., New?
York. Notice.?Please be careful with cans and crates and return in lots of six??
Coffee and chicory."
300	
BUREAU OP  CHEMISTRY.	
[April, 1914.
Misbranding of the product was alleged in the libel for the reason that the manner of?
declaring the true nature thereof on shipping containers was false and misleading, as?
the strip labels bearing the statement "Coffee and chicory" must be destroyed in?
order to open said containers, which leaves the remaining labels on the canisters indi??
cating only that the contents thereof was coffee, and for the further reason that the prin??
cipal label on the canisters did not bear a statement that the contents thereof was in?
part chicory.
On May 23, 1913, the said Jaburg Bros., claimants, having consented to a decree,?
judgment of condemnation and forfeiture was entered, and it was ordered by the court?
that the product should be released to said claimants upon payment of all costs of the?
proceedings, amounting to $20.45, and the execution of bond in the sum of $250, in?
conformity with section 10 of the act.
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, April 14, 1914.