12335. Misbranding- of coffee.    TJ. S. v. 159 Cans of Coffee.     Consent decree
of condemnation  and  forfeiture.    Product  released  under  bond
(F.  & D. Nos.  18456,  18457,  18480.    I.   S.  Nos.  20618-v,  2061&-V,  20620-v. 
S. Nos. W-1487, W-1488, W-1489.)
On March 15, 1924, the United States attorney for the District of Wyoming, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for said district a libel praying the seizure and condem- 
nation of 159 cans of coffee remaining unsold in the original packages at 
Cheyenne, Wyo., alleging that the article had been shipped by the Independ- 
ence Coffee and Spice Co., Denver, Colo., in various consignments, namely, on 
or about August 231, October 1, November 28, and December 31, 1923, respec- 
tively, and transported from the State of Colorado into the State of Wyoming, 
and charging misbranding in violation of the food and drugs act as amended. 
The article was labeled in part: (Can) "Breakfast Call Coffee * * * One 
Pound" (or "Two Pounds" or "Three Pounds") "Steel Cut * * * The 
Independence Coffee And Spice Co. Denver, Colo."
Misbranding of the article was alleged in substance in the libel for the rea- 
son that the statements appearing on the respective-sized cans containing the 
said article, namely, " One Pound," " Two Pounds," and " Three Pounds," were 
false and misleading, and for the further reason that the article was so marked 
as to deceive and mislead the purchaser in that the said cans purported to 
contain 1 pound, 2 pounds, and 3 pounds, respectively, whereas, in truth and 
in fact, the said cans contained less amounts. Misbranding was alleged for 
the further reason that the article was food in package form and the quantity
of the contents was not plainly and conspicuously marked on the outside of 
the packages in terms of weight or measure.
On March 29, 1924, The Independence Coffee and Spice Co., Denver, Colo., 
having appeared as claimant for the property and having consented to the 
entry of a decree, judgment of condemnation and forfeiture was entered, and 
it was ordered by the court that the product be released to the said claimant 
upon payment of the costs of the proceedings and the execution of a bond in 
the sum of $500, in conformity with section 10 of the act.
HOWARD M. GOBE, Acting Secretary of Agriculture.