.4182.  Adulteration and misbranding of coffee.    U. S. v. William H. Fiselier
ot  al.   (B.  Fischer &  Co.).     Plea of guilty.     Fine, $15.      (F.  &  D.  No.
6SS0.     I.   S.  No.  2481-h.)
On September 21, 1915, the United States attorney for the Southern District?
.of New York, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district an information against?
William H. Fischer, Charles E, Diefenthaler, Frederick I. Bushnell, George B,?
Diefenthaler, and Theodore O. Budenbach, trading under the firm name of B??
Fischer & Co., New York, N. Y., alleging shipment by said defendants, in viola??
tion of the Food and Drugs Act, on July 18, 1913, from the State of New York?
into the State of Ohio, of a quantity of coffee which was adulterated and mis-?
branded. The product was labeled: (On can) "Java & Mocha Coffee (Picture?
of man drinking) Roasted and Packed Expressly for Geo. Stuhldreher & Son,?
18 Park Avenue, Mansfield, Ohio."
Examination of a sample of the product by the Bureau of Chemistry of this?
department showed it to be a mixture of coffees containing approximately?
30 per cent of Santos.
Adulteration of the article was alleged in the information for the reason that?
a certain substance, to wit, Santos coifee, had been mixed and packed with the?
article so as to reduce, lower, and injuriously affect its quality and strength, and?
for the further reason that a certain substance, to wit, Santos coffee, had been?
substituted wholly or in part for Java and Mocha coifee which the said article?
purported to be.
Misbranding was alleged for the reason that the following statement regard??
ing the identity of the article and its ingredients, appearing on the label afore??
said, to wit, "Java & Mocha Coffee," was false and misleading in that it indi??
cated to the purchasers thereof that said article consisted wholly of a mixture?
of Java and Mocha coffee, when, in truth and in fact, the said article did not?
consist wholly of a mixture of Java and Mocha coffee, but consisted of a mix??
ture composed in part of Santos coffee. Misbranding wras alleged for the fur??
ther reason that the article was a mixture composed in part of Santos coffee?
and wras sold under the distinctive name of another article, to wit, Java and?
Mocha coffee. Misbranding was alleged for the further reason that the article?
was labeled " Java & Mocha Coffee " so as to deceive and mislead the purchasers _?
thereof into the belief that it consisted wholly of a mixture of Java and Mocha?
coffee, when, in truth and in fact, the said article did not consist wholly of a?
mixture of Java and Mocha coffee, but consisted of a mixture composed in part?
of Santos coffee.
On September 28, 1915, a plea of guilty was entered on behalf of the defend??
ant copartnership, and the court imposed a fine of $15.
CAEL VBOOMAN, Acting Secretary of Agriculture.
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